Rajasthan High Court - Jodhpur
Union Of India & Ors vs Rameshwar Singh & Anr on 9 November, 2011
Author: Vineet Kothari
Bench: Vineet Kothari
S.B.C.W.P. No.5786/2008
Union of India Vs. Kishan Lal Dhobi & Anr.
&
S.B.C.W.P. No.5785/2008
Union of India Vs. Rameshwar Singh & Anr.
Order dt: 09/11/2011
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
(1) S. B. Civil Writ Petition No.5786/2008 Union of India Vs. Kishan Lal Dhobi & Anr.
& (2) S. B. Civil Writ Petition No.5785/2008 Union of India Vs. Rameshwar Singh & Anr.
DATE OF ORDER ::: 09th November 2011 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Kamal Dave, for the petitioner.
Mr. Aneesh Ahmed on behalf of Mr. Sanjeev Purohit, for the respondents-workmen.
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1. The Union of India, Railways is aggrieved by the fact that under the award of the Payment of Wages Authority dated 05.11.1990, which directed reinstatement of the respondents- workmen into service with full back-wages, the petitioner-Railways has succeeded before this Court by preferring writ petition being SBCWP No.5107/1991-General Manager, Northern Railway & Ors. Vs. Industrial Dispute Tribunal & Anr. before this Court (facts taken illustratively for this case).
2. This Court while allowing the said writ petition vide the order dated 07.12.1999, while upholding the award of the Industrial Tribunal to the extent of termination of workmen from service and the same was found to be illegal, the tribunal further held that back- wages shall stand reduced to 25% from 100%. In further appeal by S.B.C.W.P. No.5786/2008 Union of India Vs. Kishan Lal Dhobi & Anr.
& S.B.C.W.P. No.5785/2008 Union of India Vs. Rameshwar Singh & Anr.
Order dt: 09/11/2011 2/4 the workmen-respondents (Rameshwar Singh S/o Bhanwar Singh, Ugam Singh S/o Moti Singh, Shravan Singh S/o Sohan Lal, Kishan Lal S/o Ulhas Chand, Iftikhar Ahmed S/o Mohammed Mohrim), the Division Bench of of this Court vide the judgment dated 11.07.2003 in DBSAW No.474/2003 - Rameshwar Singh & Ors. Vs. The Unionf of India, upholding the judgment of learned Single Judge modified the said order to the extent that back-wages to the extent of 50% may be paid to the workmen instead of 25% as done by the learned Single Judge.
3. This order of the Division Bench became final, however, in the meanwhile the petitioner-Railways had deposited 100% of the back-wages in terms of impugned award of the Industrial Tribunal, which was disbursed to the workmen, upon furnishing a solvent security under the interim order of this Court dated 22.10.1991 passed by learned Single Judge. The Railways in these circumstances, asked for refund of balance 50% of back-wages from these workmen and approached the Payment of Wages Authority in this regard by way of review petition, but the same was turned-down by the Payment of Wages Authority vide impugned order dated 29.08.2007 (Annex-2) holding that the Payment of Wages Authority had no power to review its order.
4. Learned counsel for the respondents-workmen, Mr. Aneesh Ahmed, submitted that in the absence of any misrepresentation on the part of the workman, such recovery of S.B.C.W.P. No.5786/2008 Union of India Vs. Kishan Lal Dhobi & Anr.
& S.B.C.W.P. No.5785/2008 Union of India Vs. Rameshwar Singh & Anr.
Order dt: 09/11/2011 3/4 excess back-wages paid to them could not be made from the workmen.
5. Having heard learned counsel for the parties, this Court is of the opinion that the effect to the Division Bench decision of this Court in D.B. Civil Special Appeal No.474/2003- Rameshwar Singh & Ors. Vs. The Union of India & Anr., decided on 11.07.2003, has to be given, and the Payment of Wages Authority could not have refused to give effect to the Division Bench decision of this Court as all lower authorities in the State including the respondent Payment of Wages Authority was bound by the said decision; and therefore, the impugned order Annex-2 deserves to be set aside; and the excess back-wages payment made to the respondents-workmen deserves to be realized from him, however without interest, as the interest part is not pressed by the petitioner-Railways. The respondents-workmen are stated to be still in service of the Railways or some of them nearing retirement on superannuation. Be that as it may.
4. The present writ petitions of Railways (Union of India) are allowed and the respondents-workmen are directed to deposit back the aforesaid excess payment of wages to the extent of 50% received by them during the pendency of this litigation, however, without any interest thereon. In view of long lapse of period, the respondents- workmen are at liberty to deposit the same in 12 equal monthly installments commencing from December, 2011. If such 12 monthly installments are not deposited or paid by the respondents-workmen, S.B.C.W.P. No.5786/2008 Union of India Vs. Kishan Lal Dhobi & Anr.
& S.B.C.W.P. No.5785/2008 Union of India Vs. Rameshwar Singh & Anr.
Order dt: 09/11/2011 4/4 in 12 monthly installments, the petitioner-Railways employer shall be at liberty to recover the said excess amount, without interest, from the salary/retiral and pensionary benefits payable by the employer to the respondents-workmen. No costs.
(DR. VINEET KOTHARI), J.
DJ/-
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