U. P. State Road Transport Corporation v. State of U. P
1988-09-07
RAVI S.DHAVAN
body1988
DigiLaw.ai
JUDGMENT Ravi S. Dhavan, J. - The U.P. State Road Transport Corporation, a public sector undertaking in the State of Uttar Pradesh through its Regional Manager, Gorakhpur resists an order of the Regional Labour Commissioner, Gorakhpur dated June 24, 1987 on an application of the workman respondent No. 3 under Section 33 (c)(2) of the Industrial Disputes Act, 1947 by which benefits accruing under an award having not been computed ; recovery was sought from the aforesaid public sector undertaking. 2. The Award was given by the Labour Court, Gorakhpur and arose to of adjudication case No. 81 of 1982 after it had been referred for adjudication by the State Government under Section 4 - K of the U.P. Industrial Disputes Act, 1947. The Award is dated January 31, 1986. This is a second writ petition by the employer U.P. State Road Transport Corporation, aforesaid. The first one was against the award and was instituted as writ petition No. 8233 of 1986 and was dismissed by an order of Hon'ble A.N. Verma, J. on September 23, 1986. 3. It is apparent that the workman did not receive his benefits as had accrued to him in pursuance of the award and he moved an application under Section 33 (c) (2) of the Act, aforesaid. The employer filled its objections to the application. These objections are dated March 28, 1987 and attempted to reopen the controversies on merits but were not accepted by the Deputy Labour Commissioner in R.D. Case No. 84 of 1986 filed by the workman. In these objections the employers was attempting to re - agitate that the workman had been appointed on short term vacancies. This aspect was over when the adjudication was over by the Labour Court. Rest of the objections were in reference to the computation of moneys sought by the workman. 4. The computation of monies as they accrued to the workman were cross - checked and verified by the employer the U.P. State Road Transport Corporation, Basti and certified that upon implementation of the award the amount of Rs. 48,103 - 60 was due. This is in reference to the amount verified by the Corporation aforesaid as on December 23, 1986.
The computation of monies as they accrued to the workman were cross - checked and verified by the employer the U.P. State Road Transport Corporation, Basti and certified that upon implementation of the award the amount of Rs. 48,103 - 60 was due. This is in reference to the amount verified by the Corporation aforesaid as on December 23, 1986. After having aided the Deputy Labour Commissioner, Gorakhpur in computing the benefits as it accrued to the workman in pursuance of the award, an objection not taken before the Deputy Labour Commissioner, aforesaid nor taken in the writ petition is being taken in the rejoinder affidavit for the first time. The objection is, that the chart which was produced before the Labour Commissioner had not been signed by the Regional Manager of the Corporation who is the authority to approve the chart and the person who has taken this objection by an affidavit is a Superintendent in the office of tire Corporation at Gorakhpur. Not that this issued will matter the merits of the decision, but the Regional Manager never filed any objection before the Deputy Labour Commissioner, or took this objection by affirming the rejoinder affidavit himself. Petty officials were set up against the workman to take as many objections as possible to frustrate the implementation of the award. It was only upon the direction of this Court that the averments made in the writ petition and rejoinder affidavit were affirmed by the Regional Manager, Gorakhpur. Indeed if the objections had to be taken then they ought to have been taken before the Deputy Labour Commissioner. 5. The employer appears to be splitting up the scale of pay of the workman as old scale and new scale. But before the Deputy Labour Commissioner it was absolutely conscious of the fact and circumstances that it was only one scale which was applicable to the workman concerned. The award had directed reinstatement and continuity of service and it was in pursuance of this, as if the workman had never been dismissed, that his scale of pay was computed and the computation chart was placed by the Corporation itself before the Deputy Labour Commissioner. The award of the Labour Court, Gorakhpur has attained finality and it implies continuity of service. The Corporation cannot raise objections and go behind the award and reagitate issues on merits.
The award of the Labour Court, Gorakhpur has attained finality and it implies continuity of service. The Corporation cannot raise objections and go behind the award and reagitate issues on merits. The stage is to calculate monetary benefits in terms of monies in pursuance of an application under Section 33 (c) (2) of the Act, aforesaid. The writ petition challenging the decision of the award having been dismissed, this Court does expect a public sector undertaking in the facts and circumstances of the present case to accept finality on a litigation. When its earlier writ petition in challenging the award had been unsuccessful. This leads to better employer worker relationships, otherwise it breeds friction. 6. This petition ought not to have been filed at all and was ill advised. Accordingly it is dismissed with costs, with the directions to the labour Court that benefits as have accrued under the award will now be computed with 12% interest since they became due. The amount of interest will be payable by the petitioner within one month of the computation being intimated by the Labour Court. The stay order granted on 13.8.1987 is discharged.