GWALIOR DEVELOPMENT AUTHORITY Vs. MATADEEN PRAJAPATI AND ANOTHER

JUDGEMENT

(1.) Present petition has been preferred by the petitioner Gwalior Development Authority against the order dated 01-09-2017 (Annexure P/1) passed by Tahsildar, Tahsil Gwalior whereby direction has been given to the Chief Executive Officer of Gwalior Development Authority for deposit amount of Rs. 7,55,797/- before the Court of Tahsildar else threatened to proceed with the attachment proceedings.

(2.) Precisely stated facts of the case are that respondent No. 1 has filed a case under Section 108 of M.P. Industrial Relations Act, 1960 (hereinafter referred to as 'the Act of 1960') for arrears of salary because of classification. The labour Court vide order dated 08-03-2016 allowed the application preferred by respondent No. 1 and directed the present petitioner who happens to be employer of respondent No. 1 to pay amount as mentioned above as arrears of salary. Matter is pending since then for payment.

(3.) It appears from the facts that the petitioner-Gwalior Development Authority preferred appeal under Section 67 of the Act of 1960 before the Industrial Tribunal and as per the instructions of the petitioner, said appeal is still pending consideration. Meanwhile, respondent No. 1 preferred a writ petition before this Court for execution of the order passed by the labour Court and this Court in Writ Petition No. 67/2017 vide order dated 06-01-2017 directed Collector, Gwalior to do the needful for ensuring implementation of RRC as per law. The said order persuaded Tahsildar to initiate RRC proceedings against the petitioner and result is passing of order dated 01-09-2017 (Annexure P/1).