Existence of industrial dispute and delay in raising the dispute are crucial factors in adjudication.

Sanjay Yadav, J.

1. As common issues are involved in these batch of writ petitions under Article 227 of the Constitution of India, being directed against the Award passed by Labour Court, they are analogously heard and decided by this common order.

2. It being not in dispute that the workmen in these writ petitions were engaged with the Madhya Pradesh Housing Board in the year 1995 on daily wages. Their services were dispensed with in the year 2000. At the time of disengagement, the workmen were paid one month salary and the compensation computed as per the provisions contained under Section 25F of the Industrial Disputes Act, 1947 (for short 1947 Act'). It is also not in dispute that each of the workmen received the amount though paid through cheque.

3. It is also borne out from record that these workmen brought some proceedings against their disengagement in the year 2004, but did not pursue the same and withdrew the proceedings. That, after eight years from withdrawing the proceedings, these workmen raise industrial dispute on 26.5.2012 before the Labour Commission, wherein, with the failure of conciliation proceedings, the matter was referred to for adjudication before the Labour Court in 2013 vide order:: 4 :: dated 13.3.2013 passed by the State Government as to whether the dispensation of workmen was legal and if not, what relief they are entitled for.

4. The Labour Court after taking into consideration the admitted facts and after recording a finding that there is no plausible explanation tendered by the workmen of initiating the reference proceedings after eight years (This finding is borne out from paragraph 14 of the Award wherein the Labour Court records " 14 vfHkys[k ls ;g izdV gksrk gS fd vkosnd us o"kZ 2004 esa ekeyk okfil ysus ds mijkar yxHkx 8 o"kZ dk le; O;rhr gks tkus ds mijakr fn0 26-05-12 dks iqu% Jek;qDr ds le{k dk;Zokgh izkjaHk dh gS ,oa mDr 8 o"kksZ ds foyEc dk dksbZ Hkh larks"ktud dkj.k Hkh ugha crk;k x;k gSA"

5. The Labour Court also recorded the finding in paragraph 13 of the Award that the workmen having received the retrenchment compensation were to deposit 20% thereof to avail the benefit of State Government Circular dated 19.4.2014 so that their reinstatement can be considered; however, did not deposit the same.

6. The Labour Court, however, on a finding that the provisions of Section 25N of 1947 Act having not been complied with, directed for payment of compensation, instead of reinstatement and back-wages.

7. Both the workmen and the employer have filed the writ petitions.

8. The grievance raised on behalf of workmen is that the illegal termination being protected under the provisions of Sections 25F and 25N of 1947 Act, the Labour Court ought not to have confined the relief only to the extent of compensation. It is urged, that the Labour Court ought to have directed for their reinstatement with back-wages as they had worked for over 4½ years.

9. The employer, on its turn, seeks setting aside of the Award on the ground that the Labour Court having returned a finding of unexplained delay of eight years and that the retrenchment compensation was paid to respective workmen. And, the workmen having not deposited 20% of amount received in lieu of compensation to avail benefit of the instructions issued by the State Government, the Labour Court, it is urged, ought to have answered the reference against respective workmen. It is also urged that being not an industrial establishment under Section 25L of 1947 Act, the provisions contained under Chapter VB of 1947 Act are not applicable to the Madhya Pradesh Housing Board, therefore, the findings that Section 25N of 1947 Act has not been complied with, besides being perverse, will have no adverse effect, as the provisions of Section 25F was duly complied with.

10. Considered the rival submissions.

11. As to the applicability of Section 25N under Chapter VB which relates to "Special Provisions Relating to Lay-off, Retrenchment and Closure In Certain Establishm