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[Cites 2, Cited by 4]

Madhya Pradesh High Court

Chief Engineer State Of M.P. And Anr. vs Sardar Singh And 5 Others on 28 August, 2014

                              1

                    W.P. No.13384/2013
28.8.2014
      Ms. Neelam Abhyankar, learned counsel for the
petitioners.
      Shri Mahesh Kumar Choudhary, learned counsel for
respondents No.1 to 6.

Heard.

This writ petition has been filed by the petitioners challenging the award of the Labour Court, Ujjain dated 4.7.2013 directing the petitioners to pay a sum of Rs.2,72,176/- as difference of wages from 1.1.2006 to 31.12.2010.

The respondents claim that they were regularized in the year 2002 and were entitled for the regular pay scale from 2002 has been accepted by the Labour Court in the impugned award.

When the matter is taken up today, learned counsel appearing for the respondents has submitted that the similar issue was involved in W.P. No.1748/2013 which was allowed by learned Single Judge of this Court by order dated 3.2.2014 and the Division Bench by order dated 14.8.2014 had dismissed the Writ Appeal No.584/2014, therefore, the present writ petition is liable to be dismissed on the same ground.

2

Learned counsel for the petitioner has not disputed the above submission.

I have heard the learned counsel for the parties and perused the record.

The Division Bench of this Court while dismissing the Writ Appeal No.584/2014 by order dated 14.8.2014 has observed as under :-

"By filing this intra court appeal, the appellant / State has challenged the order dated 03.02.2014 passed by learned Single Judge of this Court in Writ Petition No.1748/2013.
Before the Writ Court challenge was made to the order dated 21.08.2012 passed by the Labour Court, Ujjain in Case No.148/2011 Reference ID, whereby the Labour Court had directed the appellants to pay amount of Rs.2,79,438/- (regarding difference of salary from the period 01.01.2006 to 31.12.2010). The Labour Court, while passing the said award, placed reliance on a Division Bench judgment of this Court in the case of State of MP v. Rupram Yadav 2012 (1) MPWN 30 page 78 and Writ Petition No.9373/2010 (s) (Executive Engineer, Public Works Department v. Public Works Department Workcharged Labour Union) decided on 10.08.2011.

Taking into consideration that the question involved in this writ appeal has already been decided in number of petitions including Writ Petition No.1760/2013 (s) (The State of MP and another v. Prakash Chandra) decided on 06.09.2013, declined to interfere into the matter.

3

Having regard to the aforesaid fact and the fact that on identical issue, this Court had decided various writ appeals, including Writ Appeal No.94/2014 decided on 06.02.2014 (State of MP through Executive Engineer, Water Resources Division, Shajapur v. Mazhar Alam s/o Faqruddin Qureshi and others), no case for taking a different view is made out.

The writ appeal fails and is hereby dismissed."

Keeping in view the undisputed position before this court that the matter is squarely covered by the aforesaid Division Bench order of this Court, the present writ petition is also dismissed in view of the detailed reasons which have been assigned by the Division Bench in W.A. No.584/2014 (supra).

C.C. as per rules.

(Prakash Shrivastava) Judge trilok