Bombay High Court
Sadashiv Sattidin Gupta vs The Chairman, Managing Director, ... on 28 February, 2020
Author: Amit B. Borkar
Bench: R.K.Deshpande, Amit B. Borkar
905.wp.5608.2019-Judgment 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5608 OF 2019
PETITIONER :- Sadashiv Sattidin Gupta,
Aged 66 Yrs., Sr. Citizen,
Present Occupation :Advocate,
R/o. House No. 13/12, 324 LIG
Colony, Vaishali Nagar, Dr. Ambedkar
Marg, Nagpur 44 0017
...VERSUS...
RESPONDENTS :- 1. The Chairman - Managing Director,
Western Coalfields Limited,
Coal Estate, Civil Lines,
Nagpur - 440001.
2. The Area General Manager,
Western Coalfields Limited,
Jaripatka, Nagpur - 440014.
3. The Sub Area Manager,
Western Coalfields Limited,
Silewara Sub Area, Nagpur-441109.
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Mr. S. C. Gupta, counsel in person
Mr. O. A. Ghare, counsel for respondent Nos. 1 and2
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CORAM :R.K.DESHPANDE &
AMIT B. BORKAR, JJ.
DATED : 28.02.2020.
ORAL J U D G M E N T (Per : R.K.DESHPANDE, J.) 1] The writ petition is taken up immediately for final ::: Uploaded on - 03/03/2020 ::: Downloaded on - 24/03/2020 05:37:42 :::
905.wp.5608.2019-Judgment 2/4 hearing on the Civil Application No. 2688 of 2019. The matter was admitted on 09.08.2019 and the parties are prepared to argue the matter finally just now.
2] The petition claims reliefs as under:
"A) Writ of MANDAMUS, Order to the Judgment Debtor Respondent Company (WCL Management) for payment of outstanding Remuneration Rs. 1,30,94,215/- (Rs One Crore Thirty Lakh Ninety Four Thousand Two hundred Fifteen) plus 12 % interest p.a. from the Date of Order to the Decree Holder (retired Employee) being His Fundamental Right to Life & Liberty under Article 21. B) Direct the Respondent Company for Payment of Monthly Pension Rs.21407/- per month after making Payment of the above Outstanding Salary/ Wages, keeping in view the Decree passed by the Ld. First Labour Court, Nagpur, to the Decree Holder/Sr. Citizen/Retired Employees (Original Applicant) and.
C) Further it is most humbly and respectfully prayed to this Hon'ble Division Bench of this High Court not to deprive the Decree Holder/the Petitioner (retired Employee) from His Fundamental Right under Article 14, 19 & 21 enumerated in Part III and Article 300-A of the Constitution of India. Further due to non-
payment of the above monthly pension of Rs.21,407/- per month and Arrears of Salary by the Judgment Debtor WCL Management, THE APPLICANT WOULD NOT HAVE RIGHT TO SURVIVE FURTHER UNDER ARTICLE 21 OF THE CONSTITUTION OF INDIA.
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905.wp.5608.2019-Judgment 3/4 D) Grant any other relief this Hon'ble High Court deem fit & proper in the interest of justice." 3] Our attention is invited by the learned counsel appearing for the respondents to the decision of the learned Single Judge of this Court rendered on 24.01.2020 in Writ Petition No. 4321 of 2018. We have gone through the said decision. 4] The claim of the petitioner is for outstanding remuneration of Rs.1,30,94,215/- plus interest @ of 12 % p.a. from the date of the order. On specific question being put to the petitioner appearing in person, it was conceded that the claim is based upon the Judgment of the Labour Court delivered on 05.05.2018 in Application (IDA) No. 31 of 2014 filed by the petitioner under Section 33C(2) of the Industrial Disputes Act, 1947. The said decision was challenged by the Management in Writ Petition No. 4321 of 2018. Para 15 of the said decision being relevant is reproduced below:
"In view of the above, this petition is allowed. The impugned judgment of the Labour Court dated 5.5.2018, is quashed and set aside. Application (IDA) No.31/2014 stands rejected on account of being untenable. I, however, find it appropriate to record that the learned ::: Uploaded on - 03/03/2020 ::: Downloaded on - 24/03/2020 05:37:42 :::
905.wp.5608.2019-Judgment 4/4 Advocate for the petitioners has made a statement that the benefits available to the applicant under the Memorandum of Agreement Exh. U-53 and other agreements that succeeded the earlier agreement, have been paid to him."
5] The order of the Labour Court passed on 05.05.2018 in Application (IDA) No. 31 of 2014 is the basis to claim arrears of Rs.1,30,94,215/-. This order of the Labour Court has been quashed and set aside in Writ Petition No.4321 of 2018 by the learned single Judge. The very basis has gone. We do not find any substance in this writ petition. Hence, it is dismissed.
In view of dismissal of this writ petition, the civil applications, if any filed, stands disposed of. 6] At this stage the petitioner appearing in person claims for grant of certificate of leave to appeal before the Apex Court. We do not find that any case is made out for grant of certificate, hence the prayer is rejected.
JUDGE JUDGE
Namrata
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