B K SINGH Vs. APPELLATE AUTHORITY UNDER MP SHOPS AND ESTABLISHMENTS ACT ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) THE instant petition is directed against the order dated 18-1-2002 passed by the Appellate Authority under Section 58 of the M. P. Shops and Establishments Act, 1958 (for short `the act, 1958') whereby the appellants have been directed to reinstate the respondents with full back wages from 15-4-1997 to the date of reinstatement within 30 days from the date of order or in the alternative, to pay compensation to each of the respondents @ Rs. 1,97,078/- without reinstatement. 50% of the compensation was to be paid within 30 days and the remaining was to be paid within 7 months from the date of order.

(2.) BRIEFLY stated necessary facts for adjudication of this writ petition are that respondents No. 2 to 24 preferred an appeal under Section 58 of the Act, 1958 with the averments that they are working under petitioner No. 2 for a period ranging between 3 to 13 years. The petitioners are operating restaurant from the establishment of the Steel Club. The respondents were illegally stopped from doing their work without any notice and without paying any compensation though they discharged their duties honestly. The other co-workers namely, Keshav and Madhu have been inducted as permanent workmen by the petitioners and the respondents are entitled for reinstatement with full back wages in the petitioners' establishment. The respondents applied for redressal of their grievances through Union before the Assistant Labour commissioner, who vide his order dated 29-5-1997 after conciliation proceedings directed the petitioners to start catering work within 10 days. However, the order was not complied with and the respondents were not reinstated.

(3.) IN reply to the above application, the petitioners raised preliminary objection and contended that the Assistant Labour commissioner, Durg, after several meetings dropped the proceedings on 9-6-97. The matter is covered under the industrial Dispute Act and the respondents are estopped from raising the same issue under the Act, 1958. It was further averred that present application under the Act, 1958 is not maintainable. The respondents were never engaged by the Steel club for the last several years. They denied that the petitioners were employer. They further denied that Keshav and Madhu, the co-workers, were regularized as permanent employee in the said Club. They also denied the entitlement of the respondents to get back wages or reinstatement. It was specifically contended that the Act, 1958 is not applicable to petitioner No. 2, which is a Steel Club as per the provisions of Section 3 (j) of the Act. It is neither a residential hotel nor restaurant or eating house as defined under the Act, as no business of supply of meals or refreshment to the public is carried on in the premises.