Madhya Pradesh High Court
The State Of Madhya Pradesh vs Balister Sharma on 25 February, 2016
1
W.P.No.7559/2014 (State of MP & others vs. Balister Sharma)
25-2-2016
Shri R.P.Gupta, Dy. Govt. Advocate for the petitioners-
State.
Shri Mahesh Goyal, Advocate for the respondent.
Heard on admission.
This writ petition under Article 226/227 of the Constitution of India is filed at the instance of the State of Madhya Pradesh challenging the order dated 28/06/2013 passed by the Labour Court in case No.23/A/MPIR/13 (Misc) and consequent order of issuance of RRC dated 11/11/13.
Earlier, the respondent-workman had moved the Labour Court seeking classification as regular employee on the post of Telephone Attender. On 31/3/2000, the labour Court ordered for classification of the respondent/workman as regular employee by virtue of his continuous length of service with effect from 01/02/1989 and also for payment of difference of salary with effect from 13/10/93. The aforesaid order has been confirmed by the industrial Court vide order dated 28/02/2002 in Appeal No.336/2000. Writ petition (W.P. No.1025/03) filed against the said order was also dismissed vide order dated 23/7/03. However, as the aforesaid order was not complied with 2 W.P.No.7559/2014 (State of MP & others vs. Balister Sharma) by the petitioners-State, respondent/Workman filed an application under S.108 of the M.P. Industrial Relations Act, 1960 seeking difference of salary of the post of Telephone Attender to the tune of Rs.15,34,398/-. In the said proceedings, despite service of notice, the non-applicants/State chose to remain ex parte and the Labour Court, by the impugned order dated 28/6/13, after considering the entire material placed on record including the aforesaid orders and upon appreciation of the evidence of applicant/respondent, ordered for payment of the aforesaid amount within one month from the date of that order.
Learned Dy.Government Advocate contended that the Labour Court was not justified having allowed the application filed under S.108 of the Act as the same was preferred belatedly, after an elapse of about 10 years.
Be that as it may, this Court in number of cases has upheld the orders of classification and regular pay scale to the daily rated employees awarded by the Labour Court. The Hon'ble Supreme Court has also upheld such orders in number of cases and directed the State Government to implement the order(s) passed by the High Court within the period stipulated in the orders, one such order is passed in bunch of special leave to appeals, leading case being Special Leave to Appeal (C) 3 W.P.No.7559/2014 (State of MP & others vs. Balister Sharma) No.20025/2011 (State of M.P., & ors Vs. Sultan Singh Narwaria) decided on 21/01/2015 by the Hon'ble Supreme Court. The said position is not disputed by the State Counsel. Therefore, as the aforesaid SLP has been dismissed by the Apex Court, the plea taken by petitioners-State as regards stay granted in W.A. No.743/2012, cannot be countenanced as the same was granted till decision on the aforesaid SLP.
In view of the above, the Labour Court cannot be said to be at fault having allowed the application under S.108 of the Act, moreso when the order of classification of petitioner as regular employee has already been confirmed by the Industrial Court and the writ petition assailing the same has also been dismissed by this Court and, as such, the order has attained finality. The consequential order of issuance of RRC can also not be condemned for the same reason.
Accordingly, the orders impugned in this writ petition passed by the Court below are maintained. The writ petition sans merit and is hereby dismissed.
(Rohit Arya) Judge b/-