(1.) Regard being had to the similitude in the controversy involved in the present cases, these writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of the Writ Appeal No. 801/2019 are narrated hereunder. Learned counsel for the petitioners, at the outset, has drawn the attention of this Court towards the judgment delivered by Division Bench of this Court in W. P. No. 18372/2018 (M/s Rajasthan Patrika Pvt. Ltd. v/s The State of Madhya Pradesh & Others). Paragraph 11 to 22 of the aforesaid order reads as under:-
(2.) A plain reading of this para makes it clear like noon day that Section 17 is a Code in itself. If upon considering the claim application of the employee and Digitally signed by SAIFAN KHAN Date: 10/05/2019 17:55:47 its response by the employer, the question arises regarding the amount due the State Government can call for an adjudication of the dispute by referring the question to a labour Court.
(3.) The Karnataka High Court considered the change in Section 17 of the Act [after pronouncement of judgment in the case of M/s. Kasturi (supra)] and clearly held that State Government has now been conferred with the power to refer the question as to what amount is due to an employee from his employer. This adjudication needs to be done by labour Court. (14) Justice Dipak Mishra (as his Lordship then was) speaking for this Court in 2000 (3) MPHT 240, [ Nav Bharat Press (Pvt. Ltd. ) vs. State of M. P . ] considered the legislative changes in Section 17 right from the era of M/s. Kasturi (supra) to the present day. The Court also considered the aforesaid judgment of Karnataka High Court and Division Bench judgment of this Court. After taking stock of said judgments, this Court opined as under: