LAWS(ORI)-2011-5-5

PRADEEP PHOSPHATES LTD Vs. SANKAR DAS

Decided On May 12, 2011
PRADEEP PHOSPHATES LTD Appellant
V/S
SANKAR DAS Respondents

JUDGEMENT

(1.) This appeal is directed against the order dated 4.3.2011 passed by the learned Single Judge in W.P.(C) No. 22852 of 2010 quashing the order dated 18.9.2010 passed by the learned Labour Court, Bhubaneswar in I.D. Misc. Case No. 58 of 2008 and directing the appellant to pay the entire amount claimed u/s. 33C(2) of the I.D. Act.

(2.) Mr. Misra, learned counsel for the appellant has urged various legal grounds placing reliance upon the judgment of the Hon ble Supreme Court which will be adverted to at the later portion of the judgment and prayed for setting aside the impugned judgment of the learned Single Judge wherein he has erroneously quashed the order dated 18.9.2010 passed by the learned Labour Court, Bhubaneswar in I.D. Misc. Case No. 1 of 2006 u/s. 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred as the Act in short).

(3.) On 18.9.2010 learned Labour Court, Bhubaneswar rejected I.D. Misc. Case No. 58 of 2008 filed by the respondent-workman (arising out of I.D. Misc. Case No. 1 of 2006) praying for computation of his arrears of dues in terms of money payable to him. The impugned order of the learned Single Judge is sought to be annulled on the following grounds :