The Sub-Divisional Officer, Irrigation Sub-Division, Gondia and Others v. Ramchandra Maniram Lanjewar and Another
Case brief
What is this about?
2025:BHC-NAG:7637 - Bombay HC Nagpur Bench (M.S. Jawalkar, J., 31-07-2025), W.P. No.3363/2020 with 25 connected writ petitions: Irrigation Dept/VIDC vs ex-daily wagers; Labour Court Gondia S.33-C(2) ID Act orders awarding Kalelkar Award Clause 28 benefits quashed in all 26 matters. Points: 33-C(2) is execution-nature; pre-existing right indispensable; 'continuous service' under Clause 28 means substantial annual work, not 2-10 days/year; limitation inapplicable but laches after 15-year gap; adverse inference refused where records destroyed as per Manual and production order unsigned/undated; false claim of Industrial Court liberty/withdrawn ULP complaints (2004-05 group) exposed; M.V. Ghalge construed restrictively. Keywords: Kalelkar Award, CRTE, Section 33-C(2), laches, adverse inference, Labour Court Gondia, pre-existing right, quashed.
What did the court decide?
All the writ petitions allowed; the impugned orders of the learned Judge, Labour Court, Gondia in the listed IDA applications (including IDA No. 71/2015 dated 04.05.2019 for W.P. 3363/2020 and the corresponding orders in the 25 connected petitions, dated between 2016 and 2020) quashed and set aside to the extent that they direct the petitioners to pay wages as per Kalelkar Award, together with the consequential order in Clauses 3 and 4; copy of the judgment to be kept in all the writ petitions; petitions disposed of with no order as to costs.