STATE OF M P Vs. VISHRAM GAUR

JUDGEMENT

(1.) IA 8208/2013 for condonation of the delay. There is delay of sixty days in filing this appeal. Learned counsel for the respondent has no objection if the delay in filing the appeal is condoned and the matter is heard on merits. In view of the aforesaid, this application is allowed and the delay in filing the appeal is condoned. Looking to the short controversy involved in this appeal, with the consent of the parties, the matter is heard finally.

(2.) This writ appeal is directed against the order dated 14/5/2013 passed in WP 3990/2011 (s) by which the writ petition preferred by the petitioner (respondent herein) was finally disposed of. The order reads thus:

(3.) It is submitted by Shri Dixit, learned Government Advocate for the appellants State that the Writ Court erred in directing payment of regular salary from the date of the order passed by the Labour court, while the order passed by the Labour court was modified by the Industrial Court in appeal. He has referred to the order of the Labour Court dated 19/6/1998 in Case No. 299/96 MPIR by which the Labour Court had directed that the respondent be classified as permanent with effect from 1/7/1988 and from the date of his initial appointment, he be paid difference of salary. This order was subject matter of challenge in appeal before the Industrial Court and the Industrial Court vide order dated 19/2/1999 modified the order of the Labour Court and directed that from 19/8/1996, i.e. two years before filing of the petition before the Labour Court, the respondent shall be entitled for regular pay scale and the appellant herein (State) was directed to make payment of difference of wages. Rest of the claim allowed by the Labour Court in respect of payment of difference of salary was rejected. Aforesaid order was the subject matter of challenge in Writ Petition No. 1899/1999 and by the order dated 5/9/2002 the order of the Industrial Court was affirmed and the writ petition preferred by the State was dismissed. This order has attained finality.