The State Of Madhya Pradesh vs Anil Kumar Tiwari on 31 March, 2023

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Madhya Pradesh High Court

The State Of Madhya Pradesh vs Anil Kumar Tiwari on 31 March, 2023

Bench: Vivek Agarwal

                                                                   1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                                BEFORE
                                                  HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 31 st OF MARCH, 2023
                                                       WRIT PETITION No. 15805 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH, THR. THE
                                             EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC
                                             HEALTH   ENGINEERING,    DIVISION   SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
                                             SIDHI, DISTT. SIDHI (MADHYA PRADESH)

                                                                                          .....PETITIONERS
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                       AND
                                       PREMLAL KOL S/O SHRI DADDI KOL R/O GRAM
                                       RAMPUR POST SIDHI DISTT. SIDHI M.P. (MADHYA
                                       PRADESH)

                                                                                         .....RESPONDENTS
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 18705 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH THROUGH
                                             THE EXECUTIVE ENGINEER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, DIVISION SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB-DIVISION
                                             SIDHI DISTT. SIDHI (MADHYA PRADESH)
Signature Not Verified
  SAN


                                                                                          .....PETITIONERS
Digitally signed by MONIKA CHOURASIA
Date: 2023.04.03 18:30:31 IST
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)
                                                                    2
                                       AND
                                       ANIL KUMAR TIWARI S/O GIRJARAM TIWARI GRAM
                                       POST SALAIYA, DISTT. SIDHI (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 18722 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH, THR. THE
                                             EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC
                                             HEALTH   ENGINEERING,    DIVISION   SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
                                             SIDHI DISTT. SIDHI (MADHYA PRADESH)

                                                                                          .....PETITIONERS
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                       AND
                                       DADDA KOUL S/O SHRI PARDESHI KOUL R/O GRAM
                                       RAMPUR, POST SIDHI, DISTT. SIDHI (MADHYA
                                       PRADESH)

                                                                                          .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 18725 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH, THR. THE
                                             EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC
                                             HEALTH   ENGINEERING,    DIVISION   SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
Signature Not Verified
                                             SIDHI DISTT. SIDHI (MADHYA PRADESH)
  SAN




Digitally signed by MONIKA CHOURASIA
                                                                                          .....PETITIONERS
Date: 2023.04.03 18:30:31 IST

                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)
                                                                    3
                                       AND
                                       BHAIYALAL SINGH S/O SHOBHNATH SINGH, GRAM
                                       KOTHAR, POST UPNI, DISTT. SIDHI (MADHYA
                                       PRADESH)

                                                                                         .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 19798 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH THROUGH
                                             THE EXECUTIVE ENGINEER, DEPARTM ENT OF
                                             PUBLIC HEALTH ENGINEERING, DIVISION SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
                                             SIDHI DISTT. SIDHI (MADHYA PRADESH)

                                                                                         .....PETITIONERS
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                       AND
                                       LALLU KEWAT S/O SHRI JHURRI KEWAT R/O GRAM
                                       POST UPNI DISTT. SIDHI (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 19799 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH THROUGH
                                             THE EXECUTIVE ENGINEER DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, DIVISION SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
Signature Not Verified
                                             SIDHI DISTT. SIDHI (MADHYA PRADESH)
  SAN




Digitally signed by MONIKA CHOURASIA
                                                                                         .....PETITIONERS
Date: 2023.04.03 18:30:31 IST

                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)
                                                                     4
                                       AND
                                       SHIVKARAN YADAV S/O SHRI RAMCHANDRA YADAV
                                       R/O GRAM RAMPUR POST SIDHI DISTT. SIDHI
                                       (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 19847 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH, THRO. THE
                                             EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC
                                             HEALTH   ENGINEERING,    DIVISION   SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
                                             SIDHI, DISTT. SIDHI (MADHYA PRADESH)

                                                                                          .....PETITIONERS
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                       AND
                                       HRIDAYAL TIWARI S/O SHRI RAMCHANDRA YADAV
                                       R/O GRAM RAMPUR, POST SIDHI, DISTT. SIDHI
                                       (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 19866 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH, THE
                                             EXECUTIVE ENGINEER, DEPTT. OF PUBLIC
                                             HEALTH   ENGINEERING, DIVISION SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
Signature Not Verified
                                             PUBLIC HEALTH ENGINEERING, DIVISION SIDHI,
  SAN
                                             DISTT. SIDHI (MADHYA PRADESH)
Digitally signed by MONIKA CHOURASIA
Date: 2023.04.03 18:30:31 IST
                                                                                          .....PETITIONERS
                                                                     5
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                       AND
                                       ASHOK KUMAR SAHU S/O SHRI RAMDHANI SAHU, R/O
                                       GRAM RAMPUR POST SIDHI, DISTT. SIDHI (MADHYA
                                       PRADESH)

                                                                                         .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 19880 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH THRO. THE
                                             EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC
                                             HEALTH     ENGINEERING,    DIVISION SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
                                             SIDHI, DISTT. SIDHI (MADHYA PRADESH)

                                                                                         .....PETITIONERS
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                       AND
                                       HINCHLAL SAHU S/O VIRJHU SAHU, GRAM POST
                                       PATEHRA, DISTT. SIDHI (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 19884 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH THRO. THE
                                             EXECUTIVE ENGINEER, DEPARTMENT OF PUBIC
                                             HEALTH   ENGINEERING,    DIVISION  SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
Signature Not Verified
  SAN


                                             SIDHI, DISTT. SIDHI (MADHYA PRADESH)
Digitally signed by MONIKA CHOURASIA
Date: 2023.04.03 18:30:31 IST


                                                                                         .....PETITIONERS
                                                                     6
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                       AND
                                       MEWALAL KEWAT S/O SHRI NANDLAL KEWAT R/O
                                       GRAM POST UPNI, DISTT. SIDHI (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 19888 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH THR. THE
                                             EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC
                                             HEALTH   ENGINEERING,    DIVISION   SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
                                             SIDHI, DISTT. SIDHI (MADHYA PRADESH)

                                                                                         .....PETITIONERS
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                       AND
                                       RAMBALI YADAV, S/O SHRI RAMCHANDRA YADAV,
                                       R / O GRAM RAMPUR, POST SIDHI, DISTT. SIDHI
                                       (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                       WRIT PETITION No. 19890 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH, THR. THE
                                             EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC
                                             HEALTH   ENGINEERING,    DIVISION   SIDHI
                                             (MADHYA PRADESH)

Signature Not Verified
                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
  SAN
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
                                             SIDHI, DISTT. SIDHI (MADHYA PRADESH)
Digitally signed by MONIKA CHOURASIA
Date: 2023.04.03 18:30:31 IST
                                                                          7
                                                                                                    .....PETITIONERS
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                       AND
                                       MOTILAL KEWAT S/O SHRI JHURI KEWAT R/O GRAM
                                       POST UPNI, DISTT. SIDHI (MADHYA PRADESH)

                                                                                                   .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                                          WRIT PETITION No. 19927 of 2021

                                       BETWEEN:-
                                       1.    THE STATE OF MADHYA PRADESH, THROUGH
                                             THE EXECUTIVE ENGINEER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, DIVISION SIDHI
                                             (MADHYA PRADESH)

                                       2.    SUB DIVISIONAL OFFICER, DEPARTMENT OF
                                             PUBLIC HEALTH ENGINEERING, SUB DIVISION
                                             SIDHI, DISTT. SIDHI (MADHYA PRADESH)

                                                                                                    .....PETITIONERS
                                       (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                                       AND
                                       KUNJRAJ SINGH BAGHEL, S/O SHRI BALMIK SINGH,
                                       R/O GRAM POST MADHWA, DISTT. SIDHI (MADHYA
                                       PRADESH)

                                                                                                   .....RESPONDENT
                                       (BY SHRI RAJESH KUMAR TIWARI - ADVOCATE)

                                             This petition coming on for admission this day, th e court passed the
                                       following:
                                                                          ORDER

These petitions are filed assailing the order dated 5/3/2021 passed by learned Industrial Court Bench Rewa in Appeal No.15/P.W.Act/2018 and other Signature Not Verified SAN connected matters whereby learned Industrial Court has refused to entertain the Digitally signed by MONIKA CHOURASIA Date: 2023.04.03 18:30:31 IST appeal filed by the petitioners' State against the orders of the competent 8 authority under the Payment of Wages Act, 1936 on account of non- compliance of the mandatory provisions contained in Section 17(1-A) of the Payment of Wages Act, 1936.

2. It is submitted that appeal was filed on 20/11/2018 whereas necessary amounts were deposited before the competent authority on 20/12/2018 and therefore, appeal should not have been dismissed and relaxation should have been granted in favour of the State.

3. Shri Tiwari submits that provisions contained in Section 17(1-A) of the Payment of Wages Act, 1936 are mandatory and for non-compliance of mandatory provision, appeal has been rightly dismissed.

4. The provision contained in Section 17(1-A) reads as under :-

[(1-A) No appeal under clause (a) of sub-section (1)] shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against.]

5. As per the State amendment for the State of Madhya Pradesh there is a specific provision which reads as under;

"Provided that no appeal by an employe or other person responsible for the payment of wages under clause (a) of proviso to section 3 shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited with it, the amount payable under the order appealed against,";

Signature Not Verified

6. Thus, it is evident that the provision in regard to pre deposit is mandatory SAN and not directory. This is the legal proposition which has been held by the Digitally signed by MONIKA CHOURASIA Date: 2023.04.03 18:30:31 IST learned Industrial Court. there is no error in the said legal proposition calling for 9 interference in the impugned order passed by the learned Industrial Court, Rewa.

7. Petitions fail and are dismissed.

(VIVEK AGARWAL) JUDGE m/-

Signature Not Verified SAN Digitally signed by MONIKA CHOURASIA Date: 2023.04.03 18:30:31 IST

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