STATE OF MADHYA PRADESH Vs. PRABHULAL

JUDGEMENT

(1.) THE petitioner before this Court State of M.P. and its functionaries being aggrieved by order dt. 3.5.2011 passed by the Labour Court Ujjain M.P. as well as order dt. 28.6.2013 passed by the Industrial Court Indore has filed this present writ petition.

(2.) THE facts of the case reveal that the respondent workmen in question was discontinued the present petitioners and being aggrieved by his discontinuance he preferred an application under Section 31 of the M.P.I.R. Act read with Section 25 of the Industrial Dispute Act. The application preferred by the workmen was allowed on 5.5.2005 and the Labour Court has directed reinstatement of workmen without back wages. Workmen, submitted his joining pursuant to order dt. 5.5.2005 on 7.5.2005. However, his joining was not accepted and he was not permitted to work by the employer, the present petitioners. The workmen in question later on preferred an application under Section 61, 62 read with Section 108 of the M.P. Industrial Relations Act, 1960 and claimed back wages for the period w.e.f. 5.5.2005 to 31.8.2009. Workmen filed an affidavit stating therein categorically that he submitted his joining, however, his joining was not accepted by the Department and the Labour Court has allowed the application preferred by the workmen directing payment of back wages in question.

(3.) THE Apex Court in the case of Shalini Shyam Shetty Vs. Rajendra Shankar Patil reported in : 2010 (8) SCC 329 in paragraph No. 49 has held as under: -