Director Mahatma Gandhi Rajya Gramin Vikas Sansthan v. Ramadhar Pal
2020-10-05
RAJEEV KUMAR SHRIVASTAVA, SHEEL NAGU
body2020
DigiLaw.ai
ORDER 1. I.A.5121/2019, an application u/sec. 5 of the Limitation Act for condonation of delay of 574 days in preferring the instant appeal is taken up, considered and allowed for the reasons mentioned therein. 2. This Intra Court Appeal u/s. 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 is preferred by the employer assailing the order dated 5.1.2018 passed in W.P. 746/15 (The Director Mahatma Gandhi Rajya Gramin Vikas Sansthan Vs. Ramadhar Pal) and the subsequent order dated 9.4.2019 in R.P. 968/2018 whereby the learned Single Judge has upheld the direction of Labour Court dated 5.9.2014 allowing an application u/sec. 33C (ii) of the Industrial Disputes Act 1947 (for brevity ID Act) granting arrears arising out of 50% back wages and of salary accruing to the workman for the period from 16.5.2012 to 23.7.2014, i.e., the period when employer despite passing of the Award of reinstatement with 50% back wages, failed to reinstate the workman. 2.1 The need to adjudicate this case on merits gets obviated since this court has partly interfered with the Award of the Labour Court dated 5.9.2014 setting aside the finding and direction regarding 50% back wages without disturbing the finding and direction regarding reinstatement. While doing so, this Court allowed W.A. 1779/2019 of the employer. 2.2 Since subject matter of challenge in this appeal relates exclusively to the order dated 5.9.2014 passed by the Labour Court u/Sec. 33C (ii) of the ID Act, the order passed in connected W.A. 1779/2019 shall govern the disposal of the present appeal. 2.3 Accordingly, the appeal preferred by the employer stands allowed making the aforesaid order passed today in W.A.1779/2019 (State of M.P. & others v. Ramadhar Pal) applicable to this case mutatis mutandis, to the following extent :- (i) The order of the Labour Court dated 5.9.2014 passed u/sec. 33C of the ID Act is interfered with and is set aside to the extent it directs for grant of 50% back wages. (ii) The order dated 5.1.2018 passed in W.P. 746/15 and the order dated 9.4.2019 passed in R.P. 968/18 stand set aside. (iii) It is made clear that workman however is entitled to the benefit of salary for the period from 16.5.2012 to 23/7/14 as directed by the Labour Court and upheld by the learned single judge. No cost.