The State of Madhya Pradesh vs Raj Kumar Bhatnagar

Sujoy Paul, J.—Heard. By filing this petition, petitioners have challenged the order passed by Labour and Industrial Court dated 13-10-1999, 22-06-2005, 11-10-2010 and 10-08-2011 (Annexure P/1 to Annexure P/4). In case No. 100/MPIR/98 dated 13-10-1999 Annexure P/1 Labour Court directed that the respondent be classified on permanent post of bill clerk. It was further directed to grant him pay scale attached to the said post along with arrears. This order of Labour Court was tested before the Industrial Court in case No. 255/2000/MPIR. The Industrial Court by the order dated 22-06-2005 Annexure P/2 rejected the appeal. Thereafter since the arrears of wages were not granted to the employee he filed an application for realising wages u/s 108 of M.P. Industrial Relationship Act. The labour Court by order dated 11-10-2010 Annexure P/3, directed the petitioners to pay difference of pay. This order of Labour Court was put to test before Industrial Court. Before Industrial Court miscellaneous application No. 63/MPIR/2010 was filed by the petitioners/employer. On 09-03-2011 employer gave an undertaking before the Industrial Court that the employer is calculating the arrears of the amount and is willing to pay the said amount to the employee. On this ground one date was prayed for. On next date, petitioners did not pay the amount, hence the application was rejected.

The order dated 13-10-1999 Annexure P/1 and the order dated 22-06-2005 passed by Labour Court and Industrial Court respectively in absence of further challenge have attained finality. At execution stage, petitioners gave undertaking which is reflected in Annexure P/4 that arrears shall be paid. This undertaking was also flouted. There is considerable delay in challenging the order of Labour Court and Industrial Court passed in 1999 and 2005 respectively. After having given the aforesaid undertaking also it is no more open to petitioners to challenge the said orders. Thus, I find no reason to interfere in the present petition. Petition is dismissed on the ground of delay and on account of undertaking given by the petitioners (reflected in Annexure P/4). No costs.