NARENDRA KUMAR VYAS
South Eastern Coalfields Limited Through Its General Manager – Appellant
Versus
Regional Labour Commissioner (Central) – Respondent
ORDER :
1. The petitioner has preferred the instant writ petition to quash the order dated 28.12.2018 (Annexure P/1) passed in Case No. BSP-7(03)/2018-RLC by Regional Labour Commissioner (C), Bilaspur (C.G.) by which the respondent No.1 issued direction under Section 33 (C)(1) of the Industrial Dispute Act, 1947 directing the petitioner to calculate and determine the claim amount and ascertain the “Money Due” as per Bhave Award passed in Reference Case No. 6/89 or in accordance with the settlement dated 22.09.1992 or where it may be worked out without any dispute in respect of Shree Niwas Gurijala & 134 others after identification & verification of the workers within a period of 30 days from the date of receipt of this order. The petitioner has also prayed for setting aside the show cause notice dated 15.04.2019 & 22.08.2019 (Annexure P/1) by which the respondent No. 2 has directed the petitioner why suitable legal action shall not be initiated against the petitioner by issuing revenue recovery certificate to the competent authority under Section 33 (C) (1) of the I.D. Act 1947 for recovery of Rs. 55,807,4256.38 of 135 workers mentioned in the list.
2. The brief facts as reflected
Central Bank of India vs. P.S. Rajgopalan
Fabril Gasosa and Ors, vs. Labour Commissioner and Ors.
Handard(Wakf) Laboratories vs. Dy. Labour Commissioner
Ibrahimbhai vs. State, AIR 1968 Gujarat 202;Panchayat Officer vs. Jain Narain
K.B. Mfg. Co. vs. Sales Tax Commissioner
Municipal Corporation of Delhi vs. Ganesh Rajak
Munni Bibi (since deceased) and another v. Tirloki Nath and others AIR 1931 PC 114
Messers Bharat Board Mills v. Regional Fund Commissioner and Others
Municipal Corporation of Delhi Vs. Ganesh Razak and Anr. (1995) 1 SCC 235
Mathura Prasad Bajoo Jaiswal and others v. Dossibai N.B. Jeejeebhoy (1970) 1 SCC 613
Oryx Fisheries Pvt. Ltd. v. Union of India reported in 2010(13) S.C.C. 427
Pandichari Khadi VIII Ind. vs. P. Kulath
Punjab National Bank Vs. K.L. Kharbanda
State of Gujarat and others v. M.P. Shah Charitable Trust and others (1994) 3 SCC 552
Siemens Limited v. State of Maharashtra reported in 2006(12) SCC 33
State of U.P. vs. Brijpal Singh
Sarguja Transport Services vs. State Transport Appellate Tribunal, M.P.
Sona Ram Ranga Ram vs. Central Government
State Bank of Travancore Vs. Kingston Computers Private Limited (2011) 11 SCC 524
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