Allowed

Chief General Manager Washery Division of Ms Bccl through Dr Harendra Kishore v. Baijnath Mandal

Jharkhand HC26 Aug 2019WPC/796/2014

Case brief

AI extract

What is this about?

This writ petition challenged a Labour Court order directing the petitioner to pay back wages from 1993 pursuant to an award. The High Court held that under Section 33(C)(2) of the ID Act, 1947, the Tribunal lacked jurisdiction to decide back wages from a date prior to the award, as the dispute was regarding implementation. The award was satisfied by the management granting the scale in 2011.

What did the court decide?

The order dated 20.04.2013 passed by the Labour Court, Dhanbad in M.J. Case No. 71/2011 is quashed.

Chief General Manager Washery Division of… — Pension and Retirement Benefits | Jharkhand HC (2019)

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W.P. (L) No.796 of 2014

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(In the matter of an application under Article 226 of the Constitution of India)

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Chief General Manager, Washery Division of M/s BCCL, Steel Gate, Saridhella, PO and PS Saraidhella, District-Dhanbad through Dr. Harendra kishore, resident of Kusum Vihar Colony, PO-Koyla Nagar, PS-Saraidhella, Dhanbad ..… Petitioner

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Versus

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Baijnath Mandal, S/o Khago Mandal, resident of quarter No.139 Bhuli Quarters, 20/21 Pits Colliery, Mandal Colony, PO and PS Mahuda, District-Dhanbad ..… Respondent

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----- For the Petitioner :Mr.Anoop Kr. Mehta, Adv. Mr.Amit Kr Sinha, Adv. For the Respondent :Mr. Nilesh Kumar Gupta, Adv. -----

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PRESENT

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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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By Court Heard learned counsel for the parties.

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The present writ petition has been filed against the order dated 20.04.2013 passed by Labour Court, Dhanbad in M.J. Case No. 71/2011 whereby the petitioner-management has been directed to pay back wages in Grade-G w.e.f. 01.08.1993 instead of 01.03.2011 in pursuance of Award dated 21.12.2010 passed in Reference Case No.82/2003 by CGIT-I, Dhanbad.

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From pleading and argument, it appears that the respondentworkman was in employment since 01.08.1993 and was claiming Grade-G since regularization. The scale of Grade-G has been denied to the respondent-workman by the petitioner-management, an industrial dispute has been raised which has been referred as Reference Case No.82/2003.

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The terms of reference is as follows:

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“Whether the deceased of National Coal Workers Congress from the acenegameet of Western Washery Lane of M/s BCCL for regularization of Sri Baijnesh Bandel, workmen, of Nolude Coal Washery in C and F Grade of Security Guard is legal and justified If no. what relief the workmen concerned is entitled to.”

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This reference has been answered in favour of the petitioner

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in following terms:

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“Accordingly, the demand of National Coal Workers Congress from the management of Western Washery Zone of M/s B.C.C.L Ltd. for regularization of Sri Baijnath Mondal, Mohuda Coal Washery in ‘G’ and ‘F’ Grade of Security Guard is legal and justified. As such, the concerned workman is entitled for Grade ‘G’ and therefore Grade ‘F’. So, the management is directed to act accordingly within 30 days from the date of publication of the award.”

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In reference, no specific date has been mentioned and the award has been given for regularization in Grade-G but without giving any date. In such scenario, the management has given Grade-G scale to the workman w.e.f. 01.03.2011 vide order dated 09.04.2011 i.e within one month from the publication of award. The respondentworkman has received the benefits. After receiving benefit, a petition under Section 33 (C) (2) of the Industrial Disputes Act, 1947 has been filed, which has been numbered as M.J. Case No.71/2011. In this application, respondent-workman has claimed Grade-G wages w.e.f. 01.08.1993. The concerned Labour Court has adjudicated the claim by interpreting the award that respondent-workman is entitle to get Grade-G wages w.e.f. 01.08.1993, which has been claimed by him.

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From perusal of reference and award, it is evident that no specific date has been given by the Tribunal. It is settled law that back wages is a specific relief and has to be granted specifically. If no date is mentioned, then the relief will be from the date of award.

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In the present case, relief has been granted within a month from the date of publication of the award and as such, award has been satisfied.

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It is trite that the Tribunal is not supposed to decide any dispute between the parties which amounts to adjudication of the right or entitlement of any party. The jurisdiction under Section 33 (C) (2) of the Industrial Disputes Act, 1947 is for implementation of the award. It is akin to the Executing Court and only pre-existing right has to be converted into money. In the present case, the concerned Labour Court has travelled beyond its jurisdiction and as such, the same is not sustainable.

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Accordingly, the impugned order dated 20.04.2013 passed in M.J. Case No. 71/2011 passed by Labour Court, Dhanbad is, hereby, quashed being without jurisdiction.

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Resultantly, this writ petition stands allowed.

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(Rajesh Kumar, J.)

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Jharkhand High Court, Ranchi The Day of 26^th of August, 2019 Shahid/N.A.F.R.

Chief General Manager Washery Division of Ms Bccl through Dr Harendra Kishore v. Baijnath Mandal

Case brief

What is this about?

What did the court decide?

Chief General Manager Washery Division of Ms Bccl through Dr Harendra Kishore v. Baijnath Mandal

Case brief

What is this about?

What did the court decide?

What the court decided

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