The Division Bench dismissed the State Government’s intra-court appeal against the learned Single Judge’s judgment upholding a Labour Court award to pay a workman the difference in salary, noting the Government admitted liability.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 521/2021
Ram Kishore S/o Madan Lal Vyas, Through General Secretary, Water Workers Union, Bhilwara, Rajasthan.
----Respondent
For Appellant(s) : Mr. Pankaj Sharma, AAG. Mr. Rishi Soni. For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
21/10/2021
This intra-court apeal is filed by the State Government against the judgment of the learned Single Judge dated 24.02.2021. The writ petition was filed by the State of Rajasthan inter-alia challenging the award passed by the Labour Court on an application filed by the workman under Section 33C(2) of the Industrial Disputes Act, 1947. The learned Single Judge dismissed the writ petition with cogent reasons, primarily on the ground that virtually no opposition was offered by the Government in the proceedings instituted by the workman. That apart, we notice that
(2 of 2)
[SAW-521/2021]
even according to the Government, the Labour Court has asked the Government to pay the difference amount within the present proceedings and the Government admits its liability to pay the difference of approximately Rs. 25,000/- as principle amount.
The award passed by the Labour Court has already been upheld by this Court. It is only the execution which the workman was seeking.
No case for interference is made out.
The appeal is dismissed accordingly.
(SANDEEP MEHTA),J
(AKIL KURESHI),CJ
5-jayesh/-
State Of Rajasthan
Ram Kishore
Akil Kureshi
Sandeep Mehta
As recorded by the court registry
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