Rajendra Sharma vs The Labour Commissioner
2023 Latest Caselaw 621 MP

Citation : 2023 Latest Caselaw 621 MP
Judgement Date : 10 January, 2023

Madhya Pradesh High Court

Rajendra Sharma vs The Labour Commissioner on 10 January, 2023

Author: Anand Pathak

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                           WP No. 434 of 2023
                                  (RAJENDRA SHARMA AND OTHERS Vs THE LABOUR COMMISSIONER AND OTHERS)

                           Dated : 10-01-2023
                                 Shri Pratyush Tripathi - Advocate for the petitioners.

                                 Heard on admission and stay.
                                 Petitioner has taken exception to order dated 08.09.2022 (Annexure-P/6)
                           passed by JMFC, Jabalpur whereby particulars of crime has been narrated to
                           the petitioner for offence under Section 29 of Industrial Disputes Act, 1947.

                                 It is the submission of learned counsel for the petitioners that as per
                           Section 19 of the Act, 1947, enforceability of award is extended to one year
                           from the date of passing of award as per Section 17-A of the Act, 1947 and not
                           beyond that. He referred judgment of learned Single Bench of Karnataka High
                           Court in the case of President, Cinema Workers Union Vs. Gopal Naidu
                           reported in ILR 1988 KAR. 1825 to bring home the analogy that present
                           award is time barred so far as execution of the award is concerned. It cannot be
                           executed in terms of Section 29 of the Act, 1947 but may be executed in some
                           other manner if available so.

                                 Issue notice to the respondents on payment of process fee through RAD

mode within seven working days, peremptorily.

Notice be made returnable within four weeks. Till next date of hearing, further proceedings in R.T. No.3919/2011 pending before the CJM, Jabalpur shall remain stayed.

List this case on 13.02.2023 as item No.1. Certified copy as per rules.

Signature Not Verified Signed by: APARNA TIWARI Signing time: 1/11/2023 9:53:54 AM

(ANAND PATHAK) JUDGE AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 1/11/2023 9:53:54 AM