Rajasthan High Court - Jodhpur
State Of Rajasthan vs Bhaira Ram Meghwal on 21 November, 2022
Bench: Pankaj Mithal, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 309/2022
1. State Of Rajasthan, Through Director, Social Welfare
Department, Rajasthan, Jaipur
2. Assistant Director, Social Welfare Department, Jaisalmer
3. Hostel Superintendent, Government Scheduled Tribes
Hostel, Social Welfare Department, Ramdevra, District
Jaisalmer
----Appellants
Versus
Bhaira Ram Meghwal, Through Shri Bhoor Singh Rathore, Shri
Vinod Purohit And Dinesh Kumar Sharma, Trade Union Office
Railway Fatak 207 C Basni Iind Phase Jodhpur
----Respondent
For Appellant(s) : Mr. Anil Kumar Gaur, AAG
Mr. Anupam Gopal Vyas
For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL
HON'BLE MS. JUSTICE REKHA BORANA
Order 21/11/2022 This intra-court appeal has been preferred against the judgment and order dated 10.12.2021 passed by the writ Court whereby, the writ petition being S.B. Civil Writ Petition No. 4702/2021 (State of Rajasthan & Ors. Vs. Bhaira Ram Meghwal) filed by the petitioners-appellants has been dismissed.
The facts, as revealed, demonstrate that the respondent workman had raised an industrial dispute wherein, an award was passed on 20.07.2016 by the Labour Court, Jodhpur. Since the (Downloaded on 22/11/2022 at 09:06:53 PM) (2 of 3) [SAW-309/2022] award was not complied with and the payment was not made, the respondent preferred a petition under Section 33C(2) of the Industrial Disputes Act, 1947(for short 'the Act'). The said petition has been allowed vide order dated 02.11.2020 and the appellants were directed to make payment of Rs.3,74,772/- within a period of two months.
Aggrieved by the said order passed under Section 33C(2) of the Act, the appellants preferred a writ petition and the same has been dismissed after repelling the argument of the learned counsel for the appellants that against the impugned award of the Labour Court, a writ petition is pending.
The learned Single Judge observed that the award of the Labour Court is intact and mere pendency of writ petition against it would not suffice the purpose as there is neither any interim order nor any direction staying its operation.
The same very ground has been argued by the learned counsel for the appellants in this appeal also. It is an admitted fact that the award of the Labour Court dated 20.07.2016, though under challenge, has not been stayed by any Court. Its effect has not been wiped off and it continues to exist in the text book and as such it has to be implemented upon.
Accordingly, we find no error or illegality on the part of the Labour Court in passing the order under Section 33C(2) of the Act for the payment of amount of Rs.3,74,772/-. Learned counsel for the appellants is unable to show that the amount so calculated by the Labour Court is, in any way, incorrect.
In view of the aforesaid facts and circumstances of the case, we find no merit in the appeal and the same is dismissed with the (Downloaded on 22/11/2022 at 09:06:53 PM) (3 of 3) [SAW-309/2022] direction to the appellants to make the aforesaid payment within a period of two weeks from today.
(REKHA BORANA),J (PANKAJ MITHAL),CJ
4-Jayesh/-
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