CHAMUNDA STANDDARD MILLS Vs. RAVINDRA

JUDGEMENT

(1.) This petition is directed against the order dated 19.3.2010 passed by President, Industrial Court, Indore in Misc. Civil Case No. 17/MPIR/2009, by which the application under Section 67 M.P. Industrial Relations Act, 1960 (hereinafter referred to as the MPIR Act) filed by the respondent has been allowed by setting aside the order dated 22.5.2009 passed by the Labour Court, Dewas and it was directed to pay an amount of Rs. 1,52,125/- to the respondent/Ravindra.

(2.) No exhaustive statement of facts are required to be narrated for the purpose of disposal of this writ petition. Suffice it to say, that there is an order of Labour Court dated 12.11.1992 against Chamunda Standard Mills Company Ltd., Dewas imposing liability of Rs. 1,52,125/- against the said company. This unit was sold to the petitioner on 6.8.1997 by Chamunda Standard Mills Company Ltd. It is also not disputed that the appeal which was filed by the transferor company against the employee assailing the above said order of Labour Court before the Industrial Court was disposed of by Industrial Court vide order dated 9.5.2000 on the submission being made by the employee that he will not file execution against the transferer company since the Unit has been sold to the present petitioner.

(3.) Indeed the proceedings under Section 108 of the MPIR Act was initiated by the employee/respondent Ravindra. against the present petitioner and in those proceedings the learned Labour Court disallowed the prayer of employee/respondent to realise the award amount of Rs. 1,52,125/- from the petitioner against which an application under Section 67 of the MPIR Act was filed by the employee, before the learned Industrial Court which has been allowed by that Court by holding that the petitioner is required to pay a sum of Rs. 1,52,125/- to the respondent/employee. This order of Industrial Court dated 19.3.2010 has been assailed by the petitioner company who is transferee of the Unit in which the respondent was an employee.