Chief Engineer, Irrigation Vibhag (Govt. of Maha.), Sinchan Vbhawan, Nagpur and Others v. Dhanlal S/O Rajaram Bisen
Case brief
What is this about?
S.33-C(2) Industrial Disputes Act 1947 maintainability; Kalelkar Award clause 28 / Rule 28; CRTE-CRPE conversion; Vidarbha Irrigation Development Corporation Act 1997 S.3; MRTU & PULP Act Schedule IV Items 5, 6, 9; laches versus limitation in labour applications; adverse inference and notice to produce documents; unsigned undated order 'no order in law'; pre-existing right / crystallised benefit; execution nature of S.33-C(2); Municipal Corporation of Delhi v. Ganesh Razak; State of Maharashtra v. M.V. Ghalge distinguished/read down; Writ Petition 5614/2006 and 5437/2012 group litigation; Writ Petition 6380/2013 (Sadaram Sahare) distinguished; seasonal daily wagers, Gondia irrigation division, Hari Talao sub-division; retrenchment compensation refused; quashing of Labour Court Gondia orders;VIDC; Bombay HC Nagpur 2025:BHC-NAG:7644.
What did the court decide?
All writ petitions allowed; the impugned Labour Court, Gondia orders (twenty-six listed IDA applications, dated 2016-2020) quashed and set aside to the extent they directed payment of wages as per Kalelkar Award, including consequential orders in Clauses 3 and 4; copy of the judgment to be kept in each petition; petitions disposed of with no order as to costs.