LAWS(MPH)-2011-10-107

STATE OF MADHYA PRADESH Vs. RAMKISHAN PRAJAPATI

Decided On October 18, 2011
STATE OF MADHYA PRADESH Appellant
V/S
Ramkishan Prajapati Respondents

JUDGEMENT

(1.) This petition is directed against an award dated 15.12.2003 passed by the Labour Court, Sagar in Case No.7/2000-IDAct by which the Labour Court after recording evidence recorded findings that the respondent No.1 was engaged as full time worker, he was paid less wages and directed payment of difference of wages. Apart from this, the petitioners herein were also directed to make payment of salary since July, 2000 apart from cost and payment of interest on the arrears, at the rate of 5% penalty. Though learned counsel for petitioners tried to assail the aforesaid order on the ground that respondent Ramkishan Prajapati was engaged as part time worker but in view of the specific finding recorded by the Labour Court in Issue No.4, we find no substance in the contentions of the petitioners. The Labour Court recorded a finding in deciding Issue No.4 that he was engaged as per order Annexure P/1 and was working since date of engagement. He was not paid full payment since 16.5.1997, but claim was lodged for payment of difference of salary since November, 1996 till June, 2000. The Labour Court recorded findings in favour of the respondent No.1 which are findings of facts and in absence of any perversity, no interference is warranted by this Court under Article 227 of the Constitution of India.

(2.) This petition is found without merit and is dismissed at admission stage with no order as to costs.