Jeevan Nishad vs State Of Chhattisgarh

These writ appeals arise from a bunch of writ petitions filed by different individuals who claim the benefit of an Award dated 20/02/2006 passed by

the Industrial Court, Raipur in Reference No. 6/MPIR/2000 as modified by the order of this Court issued on 22/03/2011 in W.P.No.1659/2006.

Apart from the learned counsel for the appellants and the learned Additional Advocate General for the State, we have obtained able assistance of

Advocates Shri P.K. Moitra and Shri Vinod Deshmukh, both of whom assisted by making reference to the Industrial Disputes Act, 1947 (hereinafter

referred to, 'ID Act') as well as the Madhya Pradesh Industrial Relations Act, 1960 (hereinafter referred to as a 'State Act').

The Award dated 20/02/2006 was issued directing the Management â€" the Associated Cement Companies Limited - to regularize with all the

benefits, all workers as per list attached to the Award and pay all monetary and other benefits of regular employees w.e.f. 20/06/2000 and take

further action as stated in that Award.

This Court, through the order in W.P. No. 1659/2006, sustained that Award only in respect of the workers whose membership slips were submitted

before the Tribunal, excluding therefrom the category of workers who had accepted VRS, died, resigned, regularized and withdrew their cases, as

detailed in the order issued by this Court in W.P. No. 1659/2006. The payments which were already made in compliance of the interim order dated

22/01/2010 in that writ petition till the date of the final order dated 22/03/2011 was ordered as not recoverable.

Awards of the Industrial Courts or the Industrial Tribunals are essentially in the realm of action taken under labour legislations which stand with the

constitutional vision of socio economic empowerment of citizens in different strata particularly those belonging to the labour class. Awards come in

that sector as part of collective effort on behalf of the labourer or workers. This is traditionally piloted by the Trade Unions. Individual disputes are

also entertained as industrial disputes. Whatever be the process or procedure through which such Awards come into being, it is never in the

contemplation of the Constitution and the Laws that those Awards should remain as mere paper declarations of the eligibilities of the workmen. They

are entitled to, and should be able to, enjoy the fruits of that Award. The situation relating to execution of Awards is not much different from decrees

of civil courts which also, many a times, take years to be executed and enforced. We make this observation in view of the fact that many of the

appellants in these Writ Appeals before us are senior citizens, going by the legitimate yardsticks fixed in the socio economic management regime of

this Nation through the executive as well as through different legislations. The different Schemes of the National Legal Services Authority are also

pointers to the fact that the elderly citizens who are referred to with the sweet caption 'senior citizens' deserve to be given a strong hand of support by

the different limbs of governance so that they get the benefit of all due socio-economic support. Awards of Labour Courts cannot be left without being

enforced. That will lead to the beneficiaries suffering, even if the Trade Unions wash their hands off after the Awards are passed. Individuals who

have rights or eligibilities or entitlements under the Awards are entitled to invoke the different provisions of ID Act or the State Act, as the case may

be.

In the light of the fact that Awards can be enforced through the statutory authorities, the learned Single Judge has refused to come to the aid of the

appellants in writ jurisdiction except to the extent of saying that the petitioners could take steps for execution of the Award noted above. Such view

was taken in relation to the very same Management and the very same Award which we have referred to earlier. The first in line of the orders in that

line was rendered on 17/01/2017 in Ghanaram Verma vs. State of Chhattisgarh and others, W.P.(S) No.6107/2017. That was followed in Prem Singh

Sahu vs. State of Chhattisgarh and others. That order was affirmed by the Division Bench in W.A.No. 98 of 2018 as per order dated 19/02/2018.

The bunch of Writ Appeals in hand have also to normally follow the aforesaid procedure as noted in the order dated 19/02/2018 in W.A.No.

98/2018 since that is what ought to happen in terms of judicial comity and institutional propriety.

But, the appellants ought to get their actual relief and enjoyment of the benefits of the Award within a humanly reasonable time. Lifespan scales are

determined for various purposes. Lifespan does not necessarily mean the span of a litigation. It relates to the lifespan of a human being. The span of

time through which a person discharges duties and responsibilities as a worker, labourer, employee or a senior official in any limb of governance, even

in public sector or private sector companies, cannot always be equated with the lifespan of that person. Though seniority may be applied in different

sectors, that rule need not necessarily apply to the span of life. These are highlighters to the fact that human values should trigger judicial function and

executive function to ensure that the beneficiaries of judicial orders and quasi judicial orders, including Awards of Tribunals, are enforced within a

reasonable time.

For the aforesaid reasons, while affirming the view of the learned Single Judge that the Writ Petitioners /appellants have to take recourse to due

procedure for enforcement of the Award before the competent authority, in exercise of authority under Article 227 of the Constitution, it is hereby

ordered that such Tribunal, Court or other authority which may be moved by any of the appellants or any other beneficiary of the Award dated

20/02/2006 passed by the Industrial Court, Raipur in Reference No. 6/MPIR/2000 shall do the needful and conclude on any such application within an

outer limit of three months from the date of receipt of such application. The appellants are authorized to place copies of this order before the

authorities concerned for their information.

Writ appeals are ordered accordingly.