Back
Gujarat High Court
Judgename :DEV KANT TRIVEDI, K.M.MEHTA
MUNICIPAL NOKARIYAT MANDAL - Appellant
Versus
MUNICIPAL CORPORATION OF THE CITY OF BHAVNAGAR - Respondent
L.P.A.1398 of 2004
Decided On : 08/10/2004
Labour Law – Industrial disputes Act, 1947 – Sections 25u, 29,33 and 34 – Challenging the order passed by the learned single Judge in Special Civil Application only in respect of not protecting by way of granting ex pane relief prayed – While filing this Letters Patent Appeal, the appellant original petitioner has also annexed the copy of the order passed by the learned single Judge and the copy of the petition filed by the appellant-petitioner being special Civil Application with attached to the said petition – Held, As there is delayed payment at the hands of the Corporation, at least Corporation is required to pay interest which will be considered by us hereinafter. It is also brought to our notice that one of the employees whose name has been reflected to the main petition in Recovery Application had died and the amount was already determined to be payable to said Mansukhbhai a sum of rs. 1,62,764/ -. When the Corporation has agreed to make payment as per the award in 10 instalments and the Corporation has to calculate the amount as per the award to be paid to the employees, which according to Mr. Jhaveri is about rs. 75/- lacs in all. While granting instalment, as agreed, we direct the respondent-Corporation that the first instalment of Rs. 8 lacs to be deposited before the Labour Court on or before 31-8-2004. As Shri Mansukhbhai Savjibhai sarveya had already expired, as observed earlier, and the amount is already determined to be payable to the said Mansukhbhai, while making deposit of rs. 8 lacs, we direct that the amount payable to late Shri Mansukhbhai i. e. a sum of Rs. 1,62,764/- be paid to the widow directly by issuing account payee cheque after proper verification, and accordingly, while depositing the amount of Rs. 8 lacs the Corporation has to deposit the balance amount i. e. Rs. 6,37,236/- before the Labour Court. The Corporation is also directed that they shall deposit the instalment of Rs. 8 lacs each regularly at the end of the subsequent month i. e. second instalment of Rs. 8 lacs is ordered to be deposited with the Labour Court by 30-9-2004 and onwards thereafter. The last instalment due and payable in the month of May, 2005 is ordered to be deposited after adjusting the amount remaining to be paid to the employees. As we have acceded to the request of the Corporation for clearing the arrears of dues as per the award by granting 10 instalments, and admittedly, the Labour Court has declared award as back is in the year 1999, and thereafter, the appellant-Mandal has filed Recovery Applications under Sec. 33 (C) of the Act and the said Applications are also granted and as contended by Mr. Jhaveri that at least the Corporation is liable to pay interest from 1-4-2004 as the employees had not received arrears of salary as per the award till date, according to us the Corporation is required to pay interest and after giving anxious thought in the matter and when we have directed the Corporation to deposit the first instalment of Rs. 8 lacs by granting time upto 31-8-2004, it will be in the fitness of things to direct the corporation to pay interest at the rate of 4% per annum from 1-9-2004 on the entire outstanding amount, and accordingly, while paying interest the corporation shall deposit the interest as calculated as per our order, as aforesaid, before the Labour Court – Directions issued – Letters Patent Appeal is disposed of.
( 2 ) THE present appeal is filed by the appellant-original petitioner-Municipal nokariyat Mandal challenging the order passed by the learned single Judge dated 9-7-2004 in Special Civil Application No. 8100 of 2004 only in respect of not protecting by way of granting ex pane relief prayed for in paragraph 7 (c) of the petition while issuing notice, which was made returnable on 9-8-2004. While filing this Letters Patent Appeal, the appellant original petitioner has also annexed the copy of the order passed by the learned single Judge and the copy of the petition filed by the appellant-petitioner being special Civil Application No. 8100 of 2004 with annexures attached to the said petition.
( 3 ) IN the petition, the petitioner has prayed for relief for issuance of writ of mandamus or a writ in the nature of mandamus or any other appropriate writ or direction by seeking to take action against the respondent-Municipal commissioner and or other officials concerned to take effective steps for violation of Sec. 25u and Sec. 29 of the I. D. Act, 1947 and directing the appropriate authority to grant sanction as contemplated under Sec. 34 of the I. D. Act, and to direct the competent official to immediately without any further delay launch requisite prosecution and see that the respective employees get their dues without any delay. It is also prayed that the respondent-Corporation be directed to determine the amount to which all the employees are entitled and the said amount be paid with interest at the rate of 18% from 2-7-1999 in view of the Award passed in Reference (I. T.) No. 244 of 1991 and also interest in respect of the award passed in Reference (I. T.) No. 71 of 1991 and the Collector, bhavnagar be directed to recover the amounts due without further delay immediately by attaching the Bank Account of the Corporation if necessary by taking any other coercive or other steps available under law so that the employees receive their due without any delay. The petitioner has also prayed for consequential reliefs in the main petition and so far as the relief, which has been pressed for by the petitioner ex pane before the learned single, is concerned, the learned single Judge has referred to in his order. The said petition was affirmed by Shri G. R. Raval, President of the Municipal Nokariyat Mandal before the notary dated 8-7-2004. As highlighted in the said petition that the reference (I. T.) No. 244 of 1991 was allowed by the Industrial Tribunal, bhavnagar on 26-4-1999. The said award was published as per the Notification issued by the Labour Commissioner on 2-6-1999. Thereafter, the petitioner has made complaint before the Government Labour Officer, Bhavnagar for breach of the award passed in Reference (I. T.) No. 244 of 1999 by not complying with said award and for unfair labour practice by the Corporation. On 1-6-2000 the concerned workmen to the said award has filed application being recovery Application Nos. 123 to 155 of 2000 before the Labour Court arising from the award passed in Reference (I. T.) No. 244 of 1991. Another Reference (I. T.) No. 71 of 1991 preferred by the petitioner was allowed by the Industrial tribunal and the award was passed in the said Reference on 3-7-2000. In the said Reference, the Notification was issued by the Labour Commissioner and published the award on 19-3-2001. As per the Award passed in Reference (I. T.) no. 71 of 1991, 32 workmen were preferred Recovery Applications being recovery Application Nos. 109 to 140 of 2003 before the Labour Court on 21-4-2003 Similarly, a complaint was made before the Labour Officer, bhavnagar breach of the award passed in Reference (I. T.) No. 71 of 1991 by not complying the sai
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
