Disposed

Hemraj S/O Devrao Janbade v. Mr. R.S. Singh, Sub Area Manager, Saoner Project, Western Coal Fields Ltd., Nagpur

Bombay HC8 Jan 2024CP/161/2019

Case brief

AI extract

What is this about?

The High Court disposed of a contempt petition regarding disputed calculations of 40% backwages. The Court directed the petitioner to avail remedy under Section 33C(2) of the Industrial Disputes Act for final determination of the amount and permitted withdrawal of deposited funds subject to an undertaking to refund any excess found due by the CGIT.

What did the court decide?

Contempt petition disposed of; petitioner permitted to withdraw deposited amount subject to undertaking to refund excess determined under Section 33C(2).

Hemraj S/O Devrao Janbade Vs Mr. R.S. Singh… — Labour and Industrial Disputes | Bombay HC (2024)

2024:BHC-NAG:311

90cp161-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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Contempt Petition No.161 of 2019 HEMRAJ S/O DEVRAO JANBADE VS

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MR. R.S. SINGH, SUB AREA MANAGER, SAONER PROJECT, WESTERN COAL FIELDS LTD., NAGPUR

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Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's order

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Court's or Judge's Order

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Mr D.S. Kanwale, Advocate h/f Mr S. Z. Qazi, Adv. for the Petitioner/s Mr P.V. Ghare, Advocate for the Respondent-sole

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CORAM : ANIL S. KILOR, J. DATED : 08.01.2024

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Heard.

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This Court vide order dated 15.01.2020, directed the Assistant Labour Commissioner, Nagpur to determine the amount payable to the petitioner in terms of the judgment dated 24.11.2014, and submits the report. These directions were issued in light of the dispute as regards the calculation made by the petitioner and the respondent towards 40% backwages granted by this Court vide order dated 24.11.2014, while modifying Award dated 19.01.2012, of the Central Government Industrial Tribunal (CGIT), Nagpur.

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Accordingly the Assistant Labour Commissioner, Nagpur submitted the calculation and as per the said calculation, the amount payable to the petitioner towards 40% backwages comes to Rs.13,44,033/-.

nd.thawre

90cp161-2019.odt

The respondent has already deposited the said amount in this Court in the month of August 2023, however, the respondent is disputing the said calculation and as per the respondent, the amount comes to Rs.6,68,100.30/- after deducting the amount already paid to the tune of Rs.6,39,428/-. At the same time, the calculation made by the petitioner shows that according to the petitioner, the amount recoverable from the respondent is more than Rs.30 Lakh.

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In the circumstances, as even the calculations made by the Assistant Labour Commissioner are being disputed, I am of the opinion that the petitioner may avail a remedy under Section 33C(2) of the Industrial Disputes Act, 1947 (for short “the Act of 1947”) as suggested by the learned counsel for respondent Shri Ghare.

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Further, for the ends of justice, the petitioner may be permitted to withdraw the amount deposited by the respondent, subject to an undertaking to be furnished within two weeks from today that on determination of amount by the CGIT under Section 33-C(2) of the Act of 1947, any amount is found to be paid back to the respondent, the petitioner would pay back such amount to the respondent within four weeks from the date of the such determination by the CGIT.

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If the petitioner does not file any application under Section 33-C(2) of the Act of 1947 within four weeks, the petitioner shall refund the excess amount than the calculation made by the respondent i.e. Rs.6,68,100.30/-

nd.thawre

90cp161-2019.odt

Accordingly, the contempt petition is disposed of.

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The learned counsel for the petitioner has filed a pursis, pointing out that the amount payable to the petitioner by the respondent. The pursis is taken on record and marked as Article ‘X’ for identification.

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[ANIL S. KILOR, J.]

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nd.thawre

Hemraj S/O Devrao Janbade v. Mr. R.S. Singh, Sub Area Manager, Saoner Project, Western Coal Fields Ltd., Nagpur

Case brief

What is this about?

What did the court decide?

Hemraj S/O Devrao Janbade v. Mr. R.S. Singh, Sub Area Manager, Saoner Project, Western Coal Fields Ltd., Nagpur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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