Bombay High Court
Director (Personnel) Western ... vs Sadashiv Sattadin Gupta on 10 January, 2018
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.7754/2017
1. Director (Personnel), Western Coalfields
Ltd., having office at Civil Lines, Coal
Estate, Nagpur 440 001.
2. Area General Manager, Western
Coalfields Ltd., Jaripatka, Nagpur Area,
Nagpur - 440 014.
3. Sub Area Manager, Western Coalfields
Ltd., Silewara, Sub Area, post Silewara,
Project, Distt. Nagpur - 441 109. ..Petitioners.
..Vs..
Sadashiv Sattadin Gupta,
aged about 62 Yrs., Occu. Retired,
House No.13/12, 324, LIG Colony,
Vaishali Nagar, Dr. Ambedkar Marg
Post Office, Nagpur 440 017. ..Respondent.
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Shri P.V. Ghare, Advocate for the petitioners.
Shri S.S. Gupta, respondent in person.
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CORAM : Z.A. HAQ, J.
DATE : 10.1.2018.
ORAL JUDGMENT
1. Heard Shri P.V. Ghare, Advocate for the petitioners and Shri S.S.
Gupta, respondent in person.
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2. Rule. Rule made returnable forthwith.
3. The respondent / employee has filed an application under Section
33C(2) of the Industrial Disputes Act, 1947 praying that the employer be
directed to pay an amount of Rs.1,30,94,215/- towards arrears / difference of
wages from January, 1974 till 31st March, 2014 i.e. the date of retirement of
employee, alongwith interest at the rate of 12% per annum. In these
proceedings, the present petitioners / employer filed an application (Exh.
No.C-2) raising an objection that the application filed by the employee under
Section 33C(2) of the Industrial Disputes Act, 1947 is not maintainable as the
claim which the employee has made is not predetermined and the employee
has not been able to substantiate that he has a pre-existing right. The objection
raised by the employer is overruled and it is held by the Labour Court that the
application filed by the employee under Section 33C(2) of the Industrial
Disputes Act is maintainable. The employer being aggrieved by this order, has
filed this writ petition.
4. By order passed on 8th December, 2017 while issuing notice of this
writ petition to the respondent, this Court called upon the respondent to show
cause why the petitioners should not be permitted to withdraw the application
(Exh.C-2) which was filed by them before the Labour Court and why the
Labour Court should not be directed to consider the issue of maintainability of
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the application, alongwith other issues on merits.
5. The respondent, who appeared in person has submitted that the
claim made by him in the proceedings before the Labour Court is based on
pre-existing right and the Labour Court has rightly overruled the objection of
the employer.
6. After examining the matter, I find that the issue as to whether the
claim made by the respondent / employee is based on a pre-existing right will
have to be determined by the Labour Court alongwith the other issues.
Considering the matter from this angle, the prayer made by the employer for
grant of permission to withdraw the application (Exh.C-2) and for directions to
the Labour Court to decide the issue of maintainability of the application filed
by the employee under Section 33C(2) of the Industrial Disputes Act, 1947
alongwith other issues on merit, is justified.
7. Hence, the following order:
(i) The employer is permitted to withdraw the application (Exh.C-2).
As the application (Exh.C-2) is permitted to be withdrawn, the impugned order
passed on the application does not survive.
(ii) The Labour Court shall decide the issue of maintainability of the
application filed by the respondent / employee under Section 33C(2) of the
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Industrial Disputes Act, alongwith the other issues on merits.
(iii) The petition is disposed in the above terms.
(iv) In the circumstances, the parties to bear their own costs.
(v) The Labour Court shall dispose the application filed by the
respondent / employee under Section 33C(2) of the Industrial Disputes Act, till
5th May, 2018.
JUDGE
Tambaskar.
