Madhya Pradesh High Court
The State Of Madhya Pradesh vs Ramchandra on 14 August, 2014
1
Writ Appeal No.575/2014
14.08.2014
Ms. Mini Ravindran, learned Deputy Government Advocate
for the appellant / State.
Shri Mahesh Choudhary, learned counsel for the
respondent.
Heard on IA No.3486/2014, an application seeking condonation of delay in filing this appeal.
The delay is of 13 days.
We find that the same is satisfactorily explained. Accordingly, delay in filing this appeal is condoned. Heard on the question of admission.
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.13363/2013.
Before the Writ Court challenge was made to the order dated 17.06.2013 passed by the Labour Court, Ujjain in Case No.152/2012 Reference ID, whereby the Labour Court had directed the appellants to pay amount of Rs.2,72,176/- (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 Work- charged 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 2 and another v. Prakash Chandra) decided on 06.09.2013, declined to interfere into the matter.
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.
(Shantanu Kemkar) (Mool Chand Garg)
Judge Judge
Pithawe RC