THE COLLECTOR Vs. MURARILAL CHHEEPA

JUDGEMENT

(1.) There is a delay of 522 days in filing the present review petition, condonation whereof is being sought vide I.A.No.1284/18. Though opposed by the respondent, however, taking into consideration the reasons which find mention in paragraph 2, 3 and 4, we find that the petitioners have made out sufficient cause which prevented them from filing the review petition within the period of limitation. Consequently, delay in filing the review petition is condoned. I.A.No.1284/18 stands disposed of accordingly. With the consent of learned counsel for the parties, the matter is finally heard.

(2.) Petitioners seek review of the order dated 31.08.2016 passed in Writ Petition No.6050/2016. The writ court was in seisin with the writ petition No.6050/2016 at the instance of respondent-workman for a direction to the Collector to execute the Revenue Recovery Certificate issued by the Labour Court on the basis of an order passed on his application under Section 108 of M.P. Industrial Relations Act, 1960. The said application as is borne out from the record emanated from an award passed by the Labour Court on 09.03.2000 classifying the respondent as permanent Typist. The said order was challenged in appeal No.437/MPIR/2000 which was dismissed by the Industrial Court by order dated 16.05.2003. Whereagainst the State of Madhya Pradesh and its functionaries preferred a Review Petition being Misc. Appeal No.76/MPIR/04 [Review] which was also dismissed on 10.07.2006. The State of Madhya Pradesh and its functionaries thereafter preferred a writ petition being W.P.No.3296/2009(s) which was dismissed on 06.10.2010 and the SLP(Civil) CC 7400/2011 directed against the said order dated 06.10.2010 was dismissed on 02.05.2011. While dismissing the Special Leave Petition, the Hon'ble Supreme Court left the question of law open.

(3.) Thereafter, as the State failed to comply the order passed by the Labour Court, petitioner filed an application under Section 108 of M.P. Industrial Relations Act which led the Labour Court to pass an order computing the entitlement of the petitioner to Rs.12,79,359/-. Revenue Recovery Certificate was issued by the Labour Court which was forwarded to the Collector, Shivpuri for its execution.