Madhya Pradesh High Court
The District Collector vs Rajkumar Singh Tomar on 19 June, 2019
THE HIGH COURT OF MADHYA PRADESH
WA.633.2019
[The District Collector, District - Bhind (M.P.) & Anr. Vs. Rajkumar Singh Tomar]
1
Gwalior, Dated:-19.06.2019
Shri Pratip Visoriya, learned Government Advocate, for the
appellants/State.
Shri Mahesh Goyal, learned counsel for respondent.
State of Madhya Pradesh and its functionaries seek indulgence into the order dated 23.11.2015 passed in Writ Petition No.2591/2015 vide this appeal under Section 2(1) of Madhya Pradesh Uchcha Nayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005. The writ petition, at the instance of respondent/workman, was for a direction to the Collector to execute the Revenue Recovery Certificate issued by the Labour Court for recovery of amount due in favour of workman arising out of an award passed by the Labour Court; whereby, he was classified as permanent and a direction was issued to pay the difference of wages to him.
Learned Single Judge disposed of the petition with a direction to the District Collector, Bhind (M.P.) to execute the RRC within three weeks.
The State of Madhya Pradesh and its functionaries, after a period of over three years [1137 days] on the anvil of the judgment rendered by the Hon'ble Supreme Court in the case of "Ram Naresh Rawat Vs. Shri Ashwini Ray & Ors:[(2017) 3 SCC 436]", has filed this appeal seeking setting aside of the order passed by the learned THE HIGH COURT OF MADHYA PRADESH WA.633.2019 [The District Collector, District - Bhind (M.P.) & Anr. Vs. Rajkumar Singh Tomar] 2 Single Judge for dismissal of the petition.
True it is that the controversy qua the classification of a workman under Standard Standing Order has been settled at rest by the Hon'ble Supreme Court by delivering a judgment in the case of Ram Naresh Rawat (supra); however, the present case frescoes a different picture. Respondent/Workman having succeeded in the Labour Court of establishing his entitlement for permanent classification; after attainment of finality of the said order approached the Labour Court for issuance of RRC for the difference of wages which accrued in his favour by virtue of the award passed by the Labour Court and since the said RRC has not been executed by the Collector led him to file writ petition for direction. The issue as is the present one was not subject matter of Ram Naresh Rawat (supra) and this fact is not disputed by the learned Government Advocate who is of the opinion that the State ought to have had sought a clarification before the Hon'ble Supreme Court to that extent. Be that as it may. Since a right accrued in favour of the workman after being classified as permanent and the said order having attained finality, as it was not questioned by the State of M.P. and its functionaries, we do not perceive any illegality in the order passed by the learned Single Judge as would warrant an indulgence after a period of three years.
Consequently while dismissing IA.1717/19, Writ Appeal is THE HIGH COURT OF MADHYA PRADESH WA.633.2019 [The District Collector, District - Bhind (M.P.) & Anr. Vs. Rajkumar Singh Tomar] 3 dismissed. No cost.
(Sanjay Yadav) (Vishal Mishra)
Judge Judge
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PAWAN
DHARKAR
2019.06.21
12:17:33
-07'00'