UNION OF INDIA Vs. CHHAGANLAL LALJIBHAI KATARIA

JUDGEMENT

(1.) The petitioner, being aggrieved by the order dated 21st May, 2000 passed by the learned Labour Court No.7, Ahmedabad in Recovery (Central) Application No.3 of 1982, is before this Court under Article 227 of the Constitution of India.

(2.) The short facts necessary for disposal of the present Writ Application are that the respondent was gainfully employed with the present petitioner, after he was terminated, he challenged his termination in the learned Civil Court, Bhavnagar in Regular Civil Case No.62 of 1976, the learned Senior Civil Judge, Bhavnagar set aside the termination; the appeal challenging the said order was registered as Regular Civil Appeal No.76 of 1980, but, the same also came to be dismissed on 7th December, 1981. Despite the decree passed by the learned Civil Court, the Union of India was not ready and willing to reinstate the workman or pay his legal dues, he filed Miscellaneous Civil Application No.175 of 1982 with a prayer for drawing the contempt proceedings against the petitioner. On 26th March, 1982, the petition came to be disposed of with a suggestion by the Court that in case there was any difference of opinion regarding computation, the petitioner (workman) be paid the amount which was admittedly payable to him in accordance with the computation made by the administration without any delay, preferably within thirty days. The High Court further observed that for the difference arising on account of method of computation, the same can be straightened out or the matter may be brought before the Court. It appears that thereafter certain computations were made by the Department and they proposed to make certain payments. They filed Civil Application No.1875 of 1982 in the disposed of Miscellaneous Civil Application No.175 of 1982. The Court directed that the petitioner (Union of India) would not be obliged to pay the entire amount of back-wages but will have to pay 50% of the back-wages on or before 31st May, 1982. The Court adjourned the case to 19th July, 1982. It appears that in some other Civil Application No.1991 of 1983 filed in Miscellaneous Civil Application No.175 of 1982, the Court directed that in view of deposit of the sum of Rs.22,300/- in the Court of the learned Civil Judge (S.D.), Bhavnagar on 29th May, 1982, no further orders were required to be made at that stage on the Civil Application. The Court, accordingly, disposed of the Civil Application.

(3.) Shri Kalpesh N. Shastri, learned Counsel for the petitioner, taking advantage of the orders passed in Civil Application No.1991 of 1983 and 1875 of 1982, submitted that if Rs.22,300/- had been deposited, then, nothing further was to be paid by the present petitioner to the workman.