LAWS(ORI)-2022-11-13

NTPC LTD. Vs. PRESIDING OFFICER

Decided On November 04, 2022
Ntpc Ltd. Appellant
V/S
PRESIDING OFFICER Respondents

JUDGEMENT

(1.) Mr. Das, learned advocate appears on behalf of petitioner and submits, his client took over the unit on 3/6/1995, the appointed day. This was pursuant to Act of the Legislature. He submits, the Act received assent of the President. Liability of the transferor cannot be foisted upon his client. Compensation directed to be paid by order dtd. 30/7/2019 is pre-existing liability of the transferor, subsequently pronounced. Hence, his client's application for review of said order.

(2.) Mr. Mohanty, learned advocate appears on behalf of opposite party while Mr. Babu, learned advocate, Additional Government Advocate appears on behalf of State.

(3.) Clause-(c) under sub-sec. (3) in sec. 18, Industrial Disputes Act, 1947 makes liable, by operation of law, the payment of compensation directed by said order dtd. 30/7/2019, modifying award dtd. 18/11/2011 having directed reinstatement and back wages.