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2000 DIGILAW 1220 (MP)

CHAIRMAN, M. P. A. K. v. NIGAM VS STATE INDUSTRIAL COURT

2000-11-17

DIPAK MISRA

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DIPAK MISRA, J. ( 1 ) FACTUAL matrix and question of law involved being the same the writ petitions are heard analogously and are disposed of by this common order. ( 2 ) FACTS that have been unfolded are that respondent workmen in all cases filed applications before the Presiding Officer, Labour court, Rewa challenging their order of termination. A singular contention was raised by them that without complying Section 25-F of the industrial Disputes Act, 1947 they have been removed. The petitioners who are functionaries of Audyogic Kendriya Vikas Nigarn took stand that M. P. Industrial Relations Act is not applicable; that their services have been terminated as it was no longer required; and that there has been no irregularity in termination. The labour Court on appreciation of the material came to hold that the petitioners were entitled to benefit under Section 25-F of the Industrial disputes Act and that having not been given, the orders of termination are untenable in law. Feeling aggrieved the authorities preferred appeals against the orders before the State industrial Court, Jabalpur and assailed the findings recorded by the Presiding Officer, labour Court. The Industrial Court considering the material on record affirmed the findings of the Labour Court. Being dissatisfied with the aforesaid orders the petitioners have approached this Court by writ petitions preferred under articles 226 and 227 of the Constitution of India. ( 3 ) MR. P. N. Dubey, learned counsel for the petitioners questioning the pregnabllity of the orders of the authorities below has contended that the respondent workmen were working in a project, therefore, concept of section 25-F of Industrial Disputes Act, 1947 is not applicable. It is his submission that in some cases fifty percent back wages and in some cases thirty percent back wages have been awarded without appreciating the precarious financial condition of the petitioner Nigam (Corporation ). Resisting the aforesaid submissions Mr. R. K. Gupta, appearing for the workmen in all the cases has contended that the workmen were not engaged in any project. He has further contended that the back wages awarded by the original authority is just in obtaining factual matrix. ( 4 ) TO appreciate the rival submissions raised by the learned counsel for the parties have been taken through the pleas taken in the written statement filed by the petitioner corporation before the Presiding Officer, labour Court. He has further contended that the back wages awarded by the original authority is just in obtaining factual matrix. ( 4 ) TO appreciate the rival submissions raised by the learned counsel for the parties have been taken through the pleas taken in the written statement filed by the petitioner corporation before the Presiding Officer, labour Court. On a close scrutiny of that it is clearly perceptible that there is no stand of any kind relating to the fact that the workmen were engaged in any project. It is clear from the stand that the workers were engaged by the corporation under the Corporation. In view of (the stand, the contention raised by Mr. P. N. Dubey is without any substance. ( 5 ) AS far as the back wages are concerned it is submitted by Mr. Dubey that the petitioner corporation has faced a decree passed by the debt Recovery Tribunal and its financial condition is absolutely precarious and it will be very difficult on its part to pay any back wages as has been directed by the authorities below. Appreciating the aforesaid contention of the i learned counsel I am inclined to reduce the back wages. The cases in which 50 percent has been awarded, it is reduced to 20 percent and in the cases in which 30 percent has been awarded it is reduced to 10 percent with a further stipulation that amount in question shall be paid within six months from today. Needless to emphasise criminal proceedings initiated for compliance of the award shall be kept in abeyance for a period of six months and back wages if paid within the time specified the criminal proceedings shall be dropped. ( 6 ) THE writ petitions are accordingly disposed of without any order as to costs. .