Bombay High Court
Babanrao S/O. Dhondaji Shinde vs Shree Shivaji Education Society ... on 4 August, 2017
Bench: I.K. Jain
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.2371 OF 2016
Babanrao s/o Dhondaji Shinde,
Age about 68 years. Occ : Retired,
R/o Shrikrushna Peth, Dhamangaon,
Tq. Dhamangaon, Dist. Amravati. .... Petitioner
-- Versus -
01] Shree Shivaji Education Society,
through its Chairman,
Registrar Office, Gadge Nagar,
Amravati, Tq. & Distt. Amravati.
02] Shree Shivaji Arts, Science and
Commerce College, Akola,
through its Principal,
R/o Akot Road, Akola.
03] Shree Shivaji Engineering and
Technology College, Akola,
through its Principal,
R/o Murtizapur Road, Babhulgaon,
Tq. and Dist. Akola. .... Respondents
Shri S.A. Mohta, Advocate for the Petitioner.
Shri A.P. Kalmegh, Advocate for the Respondents.
CORAM : KUM. INDIRA JAIN, J.
DATE : AUGUST 4, 2017.
ORAL JUDGMENT :-
Rule. Rule made returnable forthwith. Heard finally
with the consent of learned Counsel for the parties.
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02] By this petition under Article 227 of the Constitution
of India, petitioner challenges the order dated 01/01/2016
passed by the Labour Court, Akola in Application (I.D.A.) No.
6/2011 rejecting application under Section 33C(2) of the
Industrial Disputes Act, 1947.
03] The facts giving rise to the petition may be stated in
nutshell as under :
i. Petitioner was in the employment of respondents. He
retired from service on superannuation on
31/01/2004. It was the contention of petitioner that
he rendered services for more than 240 days in a
calendar year. He was a permanent employee and
entitled to the wages at par with the regular
employees as per Bhole Pay Commission. As wages
claimed by petitioner were denied, he initiated
proceedings before the Labour Court. Petition was
allowed and respondents were directed to pay wages
for the period from August, 1997 to July, 1998.
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ii. Petitioner again demanded further wages and filed
application under Section 33C(2) of the Industrial
Disputes Act before the Labour Court claiming
recovery of Rs.3,51,152/- along with interest thereon.
The said application was rejected vide impugned
order. Being aggrieved, petitioner has filed this writ
petition.
04] Heard Shri S.A. Mohta, learned Counsel for petitioner
and Shri A.P. Kalmegh, learned Counsel for respondents.
05] Learned Counsel for petitioner submitted that in
paragraph 15 of the impugned order, learned Presiding Officer
has assigned the reasons. It is observed that no documentary
evidence has been placed on record to show that applicant was
working with non-applicants as peon from 1983 to August, 2004.
Learned Counsel submits that communication dated 09/07/1998
addressed by respondent no.3 to respondent no.2 [Exh.24] was
very much on record. Petitioner had also submitted calculation-
sheet. According to the learned Counsel, there is no whisper in
the reasons recorded by the Court below regarding the
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documents, though exhibited and proved. A grievance is made
that without considering the documentary evidence, Court
recorded incorrect findings and committed error of law causing
serious injustice to the petitioner.
06] Perused impugned order. It is apparent that the
learned Presiding Officer without considering documentary
evidence rejected the application. In this situation, it would be
appropriate to remand the matter and this Court is of the view
that the following order would sub-serve the interest of justice. :
ORDER
I. Writ Petition No.2371/2016 is partly allowed.
II. Impugned order dated 01/01/2016 passed by the
learned Presiding Officer, Labour Court, Akola in
Application (IDA) No.6/2011 is quashed and set
aside.
III. Matter is remanded to the First Labour Court, Akola
for fresh decision in accordance with the law.
IV. Parties to appear before the Labour Court on 22nd
September, 2017.
V. Rule is made absolute in the above terms.
VI. No costs.
*sdw (Kum. Indira Jain, J)
