BOTAD MUNICIPALITY Vs. DHARAMSIBHAI MANJIBHAI

JUDGEMENT

(1.) Heard learned Advocate Mr. Premal R. Joshi for petitioner Botad Municipality. Today, Special Civil Application NO. 7003 of 2011 and 7005 of 2011 are notified before this court for hearing on admission. However, when this Court has taken up said petitions for hearing, learned advocate Mr. Premal Joshi has submitted that third petition being Special Civil Application No. 7239 of 2011 is also in same subject matter and parties are also same and, therefore, considering request made by learned advocate Mr. Joshi for petitioner, papers of Special Civil Application No. 7239 of 2011 were called from registry of this court and this Court has considered these three petitions having same subject matter between same parties and has disposed of same by way of this common order.

(2.) In these three petitions, recovery application filed by respondent Dharamsibhai Manjibhai under section 33-C-1 of ID Act, 1947 claiming back wages for interim period and wages from date of award onward for different period, therefore, three different recovery applications for different period are filed by respondent workman. One recovery No.1/96 and another is recovery application NO. 115/98. Third is recovery No. 10 of 2007. Recovery No. 1/96 and 115/98 are decided by labour court, Bhavnagar while consolidating same and common order has been passed by labour Court, Bhavnagar vide Exh. 49 dated 28th March, 2011. In recovery application No. 1 of 1996, Labour Court, Bhavnagar has granted Rs.1,31,300.00 with 9 per cent interest from date of application 9.1.1996 and directed petitioner to pay said amount to respondent within 30 days from date of order and also ordered to issue recovery certificate if petitioner fails to pay amount as per said order. In recovery application no. 115/98, labour court directed petitioner to pay Rs.96000.00 to respondent workman with 9% simple interest thereon from 20.11.1988 within 30 days from date of order and also ordered to issue recovery certificate if petitioner fails to pay amount as per said order. In recovery application No. 10 of 2007, labour court, Bhavnagar has, by order dated 30.3.2011, directed petitioner to pay Rs.4,08,000.00 with 9 per cent simple interest thereon from date of application 9.1.1996 within 30 days from date of order and also ordered to issue recovery certificate if petitioner fails to pay amount as per said order. Therefore, petitioner Botad Municipality has challenged common order dated 28.3.2011 passed by Labour Court, Bhavnagar in Recovery Application No.1 of 1996 and 115 of 1998 by filing Special Civil Application NO. 7003 and 7005 of 2011. By filing Special Civil Application No. 7239 of 2011, petitioner municipality has challenged order passed by labour court, Bhavnagar in recovery application No. 10 of 2007 dated 30.3.2011, Exh.19.

(3.) Learned Advocate Mr. Premal R. Joshi for petitioner municipality has raised only one contention before this court that recovery applications are filed by respondent under section 33-C-1 of ID Act, 1947 which are required to be filed within period of one year from date on which money has become due to workman from employer. It is provided further under proviso to said section 33C(1) that any such application may be entertained after expiry of said period from one year, if appropriate Government is satisfied that applicant had sufficient cause for not making application within said period. According to contention raised by learned advocate Mr. Joshi for petitioners, though recovery applications are filed by respondent under section 33C(1) of ID Act,1947 beyond period of one year, labour court has entertained and allowed it and in doing so, labour court Bhavnagar has committed gross error. Except this, no other contention has been raised by learned advocate Mr. Joshi before this Court on merits and that fact has been clarified by learned advocate Mr. Joshi that he has not to make any other submission in respect to merits of matter, means, entitlement of respondent workman for back wages for interim period and salary or regular wages from different period from date of award based on award passed by Labour Court, Bhavnagar in Reference No. 785 of 1987.