Telangana High Court
Patel Engineering Ltd., vs Secy., P.C.W. E. Union, Kurnool 3 Ors. on 15 November, 2021
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
W.P.No.6504 OF 2017
ORDER:
This Writ Petition is filed seeking the following relief:
"to issue an order, direction or a writ particularly one in the nature of Writ of Mandamus declaring the order dated 29.12.2016 in M.P.No.5 of 2011 of the Labour Court-III, Hyderabad-the 4th respondent herein as arbitrary, illegal, without jurisdiction, unjust and contrary to law and unenforceable in law and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
02. Heard Sri K.Satyanarayana Rao, learned counsel appearing for the petitioner, Sri K.Sridhar, learned counsel, representing Sri V.Venkata Naga Raju, learned counsel appearing for respondent No.1 and Sri G.Vidyasagar Rao, learned Standing Counsel appearing for respondent Nos.2 and 3.
03. It has been contended by the petitioner that the 1st respondent has approached the 4th respondent by filing an application under Section 33 (c) (5) of Industrial Disputes Act, 1947, (for short 'the Act') for recovering an amount of Rs.6,22,24,157/- against the petitioner as well as respondent Nos.2 and 3. It has been further contended by the petitioner that it is not liable to pay anything to the 1st respondent and the amounts claimed by the 1st respondent were not adjudicated or crystallized and it is all disputed amounts. 2
04. Learned counsel appearing for the petitioner contended that Section 33 (c) (5) of the Act makes it very clear that a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workmen. Admittedly, in the instant case, group of workmen has not filed any application and it is only the Project Contract Workers and Employees Union has filed the application, which is not maintainable. Section 33 (c) (5) of the Act reads as follows:
"Where workmen employed under the same employer are entitled to receive from him any money or any benefit capable of being computed in terms of money, then, subject to such rules as may be made in this behalf, a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workmen."
Learned counsel appearing for the petitioner further contended that on this short point, let the impugned order dated 29.12.2016 passed in M.P.No.5 of 2011 by the Labour Court is liable to be set aside.
05. Learned counsel appearing for the 1st respondent contended that the 1st respondent is a group of workmen, but filed application in the form of Union claiming the admitted amount to which the workmen are entitled to and the Labourt Court has rightly passed the impugned order in favour of the 1st respondent.
06. Learned Standing Counsel appearing for respondent Nos.2 and 3 contended that an application under Section 33 (c) (5) of the Act is not maintainable and since the individual workman has not filed any application, let the impugned order be set aside and let the 3 group of workmen can file application for the amounts to which they are entitled to.
07. Having considered the rival submissions made by the learned counsel appearing for the parties, this Court is of the view that without adjudicating the aspect about the maintainability of the application under Section 33 (c) (5) of the Act, the Labour Court has passed the impugned order and on this shot point itself, the impugned order passed by the Labour Court, is liable to be set aside.
07. Accordingly, the Writ Petition is allowed setting aside the impugned order dated 29-12-2016 passed in M.P.No.5 of 2011 by the Labour Court-III, Hyderabad. However, liberty is given to the respondent-individual workman to pursue their remedies in accordance with law. No costs.
Pending Miscellaneous Petitions, if any, shall also stand closed in the light of this final order.
_______________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 15.11.2021 rkk