Joint Director vs Manoj Kumar Choudhary
2022 Latest Caselaw 11736 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                           BEFORE
                                              HON'BLE SHRI JUSTICE SHEEL NAGU
                                                              &
                                            HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                  ON THE 6th OF SEPTEMBER, 2022

                                               MISC. PETITION No. 3643 of 2022

                                   Between:-
                           1.      JOINT DIRECTOR HEAD QUARTER OFFICE
                                   EMPLOYEES        STATE   INSURANCE
                                   CORPORATION PANCHDEEP BHAWAN CIG
                                   MARG NEW DELHI (DELHI)

                           2.      JOINT      DIRECTOR, EMPLOYEE   STATE
                                   INSURANCE CORPORATION, MODEL HOSPITAL
                                   AND   OCCUPATIONAL DISEASE CENTRE,
                                   NANDA NAGAR, INDORE (MADHYA PRADESH)

                                                                                           .....PETITIONER
                                   (BY SHRI GAURAV SHARMA, ADVOCATE )

                                   AND

                                   MANOJ KUMAR CHOUDHARY, S/O SHRI
                                   KISHAN LAL CHOUDHARY OCCUPATION:
                                   PLASTER TECHNICIAN R/O C-24 PANCHDEEP
                                   NAGAR, NANDA NAGAR INDORE (MADHYA
                                   PRADESH)

                                                                                        .....RESPONDENTS
                                   (BY SHRI AMARDEEP GUPTA, ADVOCATE)

                                 This petition coming on for admission this day, JUSTICE SHEEL
                           NAGU passed the following:
                                                               ORDER

Challenge in this petition filed under Article 227 of Constitution is to the common final order passed by Central Administrative Tribunal, Jabalpur Bench on 21.02.2022 in respect of O.A. No.266/2021, by which the said OA preferred by respondent herein was allowed in the following terms:- Signature Not Verified Signed by: SHIBA NARAYAN BISWAL Signing time: 9/6/2022 5:11:00 PM

"11. In view of the above position, the present applicants are entitled for the same relief as has been granted by the CAT, Principal Bench in O.A. No.3227/2011 as the judicial propriety demands that the same relief are to be granted. 1 2 . In view of the above position, the respondents are directed to consider the case of the applicant as per the judgment passed by the Principal Bench of this Tribunal in Original Application No.3227/2011 from the date of promotion to the post of Plaster Assistants & further give the effect of the same in the pay of Plaster Technician & thereafter extend the benefit of 7th pay commission, along with all consequential benefits."

F r o m the aforesaid, it is evident that Jabalpur Bench of Central Administrative Tribunal while passing the impugned order has relied upon

judgment passed by Principal Bench of Tribunal, New Delhi in O.A. No.3227/2011 involving similar facts, grounds and reliefs.

2. Learned counsel for petitioners, Shri Gaurav Sharma is heard on the question of admission so also on final disposal.

3. Shri Amardeep Gupta, learned counsel, who is present in this Court and had appeared for respondent in the Tribunal, is also heard.

4. The only ground raised by learned counsel for petitioners-employer is that decision of Principal Bench of Tribunal in O.A. No.3227/2011 rendered on 19.12.2013, upon which the impugned order of Jabalpur Bench of Tribunal is founded, has been challenged before the High Court of Delhi in W.P. No.18/2015 (Director General ESI Corporation and another Vs. Brham Pal and others) which is pending consideration till date wherein interim order has been passed that the said judgment of Principal Bench shall remain subject to final decision of the High Court of Delhi.

5. Certain other grounds have also been raised by learned counsel for Signature Not Verified Signed by: SHIBA NARAYAN BISWAL Signing time: 9/6/2022 5:11:00 PM

petitioners which are mentioned in paragraph 6 of petition, which this Court declines to dwell upon in view of the short ground on which this petition deserves to be disposed of as infra.

6. Moreso, all these grounds have already been dealt with by the Principal Bench of Tribunal by rendering a finding against the employer while passing order dated 19.12.2013 in O.A. No.3227/2011.

7. Since the foundational order of Principal Bench of Tribunal is under challenge before the High Court of Delhi and the same has been made subject to final decision by the High Court of Delhi, this Court declines to enter into merits of the matter and leaves it to the High Court of Delhi to decide the legality and validity of the order of the Principal Bench of Tribunal.

8. In view of above, this petition stands disposed of in the following terms:-

(i) Impugned order dated 21.02.2022 passed in O.A. No.266/2021 by Jabalpur Bench of Central Administrative Tribunal is affirmed.

(ii) The aforesaid affirmation shall however remain subject to final outcome by the High Court of Delhi in W.P. No.18/2015 (Director General ESI Corporation and another Vs. Brham Pal and others).

( i i i ) Petitioners-employer are free to execute the order impugned herein of Jabalpur Bench of Central Administrative Tribunal subject to final outcome in W.P. No.18/2015 (Director General ESI Corporation and another Vs. Brham Pal and others) at Delhi High Court.

                              (SHEEL NAGU)                                             (VIRENDER SINGH)
                                  JUDGE                                                     JUDGE
                           Biswal


Signature Not Verified
Signed by: SHIBA NARAYAN
BISWAL
Signing time: 9/6/2022
5:11:00 PM