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1982 DIGILAW 196 (RAJ)

Panchayat Samiti Jamwa Ramgarh v. Judge, Labour Court

1982-04-20

G.M.LODHA

body1982
JUDGMENT 1. - This is a writ petition filed by Panchayat Samiti, Jamwaramgarh, District Jaipur, against the recovery of salary in pursuance of two orders of the Labour Court, dated 20th October, 1973 and 22nd June, 1974. 2. Mr. Sharma, learned counsel for the petitioner has argued that no claim was made against the Panchayat Samiti, even in the original application and as such the recovery proceeding against the Panchayat Samiti, are without jurisdiction. 3. A perusal of annexure R 2/2 order dated 22nd June, 1974, shows that there were more than one party and notice Annexure R 2/3 submitted by respondent in this Court, shows that notice was served on the Panchayat Samiti, Jamwaramgarh which was party No. 2, before the Labour Court. 4. Having heard the learned counsel for both the parties, I am of the opinion that the writ petition deserves to be dismissed on the simple ground that it is grossly deleted and has been filed after inordinate delay. According to Annexure R 2/3 a notice was sent to the Panchayat Samiti, petitioner at least on 10th October, 1974, as non-petitioner No. 2, in this notice is B.D.O., Panchayat Samiti, Jamwa Ramgarh. This means that the Panchayat Samiti, was a Party in all these proceedings and this is further supported by the application produced by the petitioner himself Ex. No. 1, in which the non-petitioner No. 2, is B.D.O., Panchayat Samiti, Jamuwaramgarh, District Jaipur. 5. I am, therefore, convinced that there has been gross and inordinate delay as the impugned order dated 20th October, 1973 and 22 June, 1974 are now being challenged before this Court by a writ petition which were filed in July, 1979. 6. Even otherwise the Panchayat Samiti, was a party and, therefore, it should have raised the objection that Panchayat Samiti is not liable before the Labour Court itself. Having not done so, it is now too late in the day that when recovery proceedings are being taken as such a challenge is being made. 7. I am also of the opinion that Panchayat Samiti is the Administrative Authority over Grain Panchayat and it was its duty to ensure payment of salary to alow paid employee of the Gram Panchayat. 7. I am also of the opinion that Panchayat Samiti is the Administrative Authority over Grain Panchayat and it was its duty to ensure payment of salary to alow paid employee of the Gram Panchayat. Instead of doing that, it has abated the non-payment of salary due to the non-petitioner for the period of 1971 to 1973 and even earlier for the period from July, 1966 to 1971. 8. It is a sad state of affairs that a low paid employee like the Secretary of Gram Panchayat has not been paid his salary from 1966 onwards and he had repeatedly invoked the jurisdiction of Labour Court. The Panchayat Samiti was expected to either ensure payment of it through the Gram Panchayat or pay it itself, instead of filing this writ petition which has only added insult to injury already caused to the respondent No. 2. 9. The writ petition is hereby dismissed.Petition dismissed. *******