DEVI AHILYA VISHWA VIDYALAYA Vs. ADDITIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) The petitioners - Devi Ahilya Vishwa Vidyalaya (in short, DAVV), Indore and Institute of Engineering and Technology (in short, IET), Indore have filed this petition under Article 227 of the Constitution of India challenging ex parte award dtd. 12/1/2021 (Annexure P/2) passed by the Presiding Officer, Labour Court (under Industrial Disputes Act), Indore, District Indore (M.P.) in Case No.127 of 2019 I.D. (Reference), whereby respondents No.2 to 34 have been held entitled to get arrears of minimum wages from 1/10/2019 to February 2021 with interest at the rate of 6% per annum from the due date till its realization; and regular minimum wages from March 2021 onward and also against the order dtd. 12/7/2022 (Annexure P/7) passed by the Presiding Officer, Labour Court, Indore (M.P.) in Case No.03 of 2021 ID Act (Miscellaneous), whereby an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (herein after referred to as the Code) filed by the petitioners for setting aside of above award has been dismissed. In short, the facts of the case are, as under: -

(2.) Respondent No.2 to 34 being members of the Devi Ahilya Vishwa Vidyalaya Pragatisheel Karmachari Union, Indore raised an industrial dispute under Sec. 10 (1) of the Industrial Disputes Act, 1947 (hereinafter referred to as the ID Act) before the Additional Commissioner, Indore, District Indore (M.P.) claiming regularization into the services of the DAVV, pay fixation and increments. The conciliation proceedings ended in failure; hence accordingly, vide order dtd. 11/6/2019 (Annexure P/1) the Additional Commissioner, Office of Labour Commissioner, Madhya Pradesh, Indore in the exercise of powers conferred under Sec. 10 (1) of the ID Act referred the industrial dispute to the Labour Court, Indore for adjudication on the following reference: - <IMG>JUDGEMENT_139_LAWS(MPH)4_2024_1.jpg</IMG>

(3.) After the aforesaid reference, the Labour Court registered it as Case No.127 of 2019 ID (Reference) on 18/6/2019. Notices were issued to the petitioners and respondents No.2 to 34. Respondents No.2 to 34 being a First Party filed a statement of claim before the Labour Court. Petitioner No.1 (DAVV) despite service of notice did not appear and accordingly, proceeded ex parte by the Labour Court.