Keturam Vs The Project Manager

¶1

1

¶2

2025:CGHC:17614

¶3

NAFR

¶4

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPL No. 2381 of 2009

¶6

Keturam S/o S/o Budhram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶7

Bhikhalal Patel S/o S/o Ram Singh Patel, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶8

Anuram S/o Jharu Ram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶9

Subhanlal S/o Premlal, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶10

Jeevanlal S/o Firturam, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶11

Jeevanlal S/o Hinsaram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶12

Niring Sai S/o Sadarama, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶13

Devlal S/o Keshavram Expired And He Is Represented By His Wife L. R. Shanti W/o Late Devilal, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶14

Ramadhin S/o Halal Khor, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶15

Kartikram S/o Lachan Ram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶16

2

¶17

Devlal Singh S/o Sukhlal, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶18

Gayaram S/o Sundarlal, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶19

Nemichand S/o Premlal, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶20

Jugbai W/o Bisambhar, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶21

Manobai W/o Bikram Singh, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶22

Jasni Bai W/o Manullal,c/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶23

Kismat Bai W/o Siyaram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶24

Binda Bai W/o Prabhuram Expired And She Is Represented By Her L. R. Son Kanhaiyalal Saha. C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶25

Usha Bai W/o Shukla Ram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶26

Maina Bai W/o Dayaram Expired And She Is Represented By Her L. R. Husband Dayaram Gond. C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶27

Kamla Bai W/o Lakhanlal, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶28

Posan Bai W/o Tukaram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶29

Uma Bai W/o Mangluram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶30

3

¶31

Ram Nath S/o Dhanow Ram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶32

Makhanram S/o Bhudhuram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶33

Rajmal S/o Jhola Singh, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶34

Dhanraj S/o Chituram, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶35

Debluram S/o Lachan, C/o Metal And Engineering Workers Union Majdooe Sabha Bhawan, Nandini Road Bhilai District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶36

(Deleted) Sambal Chakraborty General Secretary, As Per Honble Court Order Dated- 16-07-2013 And 26-08-2013

¶37

... Petitioner(s)

¶38

versus

¶39

The Project Manager, M/s Beekay Engineering Corporation 45/47 Industrial Estate Bhilai- Mo. 490026 Durg, Chhattisgarh. ..........Res., District : Durg, Chhattisgarh

¶40

General Manager, M/s. Beekay Engineering Corporation Dallirajhara, P. O. Dallirajhara, District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶41

Shri Mohan Singh Near Blue Star Petrol Pump Balod, Road, P. O. Dalli, Rajhara, District Durg, Chhattisgarh., District : Durg, Chhattisgarh

¶42

State Industrial Court, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

¶43

... Respondent(s)

¶44

(Cause Title is taken from Case Information System)

¶45

For Petitioners	: Mr. K.P.S. Gandhi, Advocate
For Respondents No. 1 & 2	: Mr. H.B. Agrawal, Senior Advocate along with
	Ms. A. Sandhya Rao, Advocate
For Respondents No. 3 & 4	: None though served.

¶46

Hon'ble Shri Justice Rakesh Mohan Pandey

¶47

Order on Board

¶48

17.04.2025

¶49

The petitioners have challenged the order passed by the State Industrial

¶50

4

¶51

Court Chhattisgarh, Raipur in MCC No. 12/C.G. I.R. Act/III/2007 dated 20.10.2008, whereby an application moved by the petitioners/decree holders for the execution of a decree has been dismissed on the ground of delay.

¶52

The facts of the present case are that an application was moved by the petitioners according to the provisions of Section 31 (3) read with Section 61 of the Chhattisgarh Industrial Relations Act, 1960 before the learned Labour Court, Durg. The Labour Court, Durg dismissed the case vide order dated 23.03.1996. An appeal was preferred against the said order and it was allowed vide order dated 31.01.1997 by the Industrial Court, Raipur. The respondents were directed to make payment of minimum wages and other benefits to the workmen.

¶53

The order passed by the Industrial Court dated 31.01.1997 was challenged by the respondents by filing WP No. 1089 of 1997 and it was dismissed as withdrawn on 22.06.2006.

¶54

When the respondents failed to comply with the order passed by the Industrial Court dated 31.01.1997, the petitioners moved an application for execution before the learned Industrial Court on 12.3.2007. The learned Court below framed issues with regard to limitation. The learned Executing Court rejected the application moved by the petitioners on the ground that the application was not moved within a period of one year from the date of order according to the provisions of Section 48 A of the C.G. Industrial Relations Rules, 1961 (hereinafter referred as Rules, 1961).

¶55

Learned counsel appearing for the petitioners would submit that according to the provisions of Section 48-A of the Rules, 1961, provisions of Order 21 of CPC would also apply. He would further submit that for execution of a decree passed in a Civil Suit, the limitation is 12 years and therefore, the

¶56

5

¶57

learned Executing Court committed an error of law by rejecting the application moved by the petitioners for execution.

¶58

On the other hand, learned Senior Counsel appearing for respondents No. 1 & 2 would oppose the submissions made by Mr. Gandhi. He would submit that Section 48-A of the Act, 1961 would attract, which says that any person in whose favour an award or determination or decision of a Labour Court or the Industrial Court is passed, may apply within one year from the date of order in Form "OO" to the Court which made the order for its execution. He would further submit that the petitioners failed to approach the Executing Court within a period of one year; therefore, the learned Executing Court rightly rejected the application.

¶59

I have heard learned counsel appearing for the parties and perused the documents placed on the record.

¶60

The order was passed by the Industrial Court in favour of the petitioners on 31.01.1997, that order was assailed by the respondents by filing WP No. 1098 of 1997 and it was dismissed as withdrawn vide order dated 22.06.2006. Thus, the order passed by the Industrial Court attained finality.

¶61

Section 48 A of the Act, 1961 deals with the execution and it reads as under:-

¶62

“48-A Execution.

¶63

(1) Any person in whose favour an award or determination or decision of a Labour Court or the Industrial Court is may apply within one year from the date of order in Form "OO" to the Court which made the order for its execution.

¶64

(2) On such application being made to the labour Court or the Industrial Court, the Court shall follow the procedure laid down in Order XXI under the Code of Civil Procedure, 1908 (No. V of 1908) for its execution. ”

¶65

10. A bare reading of this Section would make it clear that a person in whose favour any order or decision is made should apply for execution of that

¶66

6

¶67

order or decision within a period of one year.

¶68

11. The Executing Court has to adopt the procedure contemplated under Order 21 of CPC to execute the order or award.

¶69

12. In the present case, the order was passed in favour of the petitioners on 31.01.1997, whereas, the execution case was filed on 12.03.2007 after 10 years, and therefore, in my opinion, the learned Executing Court/Industrial Court has not committed any error of law while rejecting the application for execution.

¶70

13. Accordingly, this petition fails and is hereby dismissed . No cost(s).

¶71

Sd/Sd/- (Rakesh Mohan Pandey) Judge

¶72

$iddhant

Keturam v. The Project Manager

Case brief

What is this about?

What did the court decide?

Keturam v. The Project Manager

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Devi Prasad Sahu Vs State Of Chhattisgarh

Dilip Kumar Sahu Vs State Of Chhattisgarh

Yagyadutt Sharma Vs State of Chhattisgarh

Mathura Prasad Baiga Vs State Of Chhattisgarh

State Of Chhattisgarh Vs Murli Chauhan

Ajay Kumar Vishwakarma Vs Smt. Jaikunwar