KASHI SINGH Vs. PRINCIPAL SECRETARY, LABOUR DEPARTMENT

JUDGEMENT

(1.) IT is invariably seen that a poor person not only forced to go for litigation but even if an order is passed favourable to him, the department takes years together for its implementation. A person is forced to run from pillar to post for that purposes. It is happening because nobody in government takes cognizance of the grievance of the poor person, rather matters are either kept pending without action or file is dealt with several objections. The case in hand is of similar nature. The petitioner approached Labour Court for adjudication of his claim for pay scale of the post of Surveyor and the Labour Court answered the reference favourable to him. The direction was given to the State Government to allow minimum of the pay scale of the post of Surveyor since 11.12.1987. The award was passed by the Labour Court on 06.08.2008. The State Government took a decision not to challenge the award thus it became final. The petitioner was not extended benefits as awarded by the Labour Court thus he was forced to prefer this writ petition. It is moreso when the period of more than 5 years had already passed in between. The petitioner had even preferred application under Section 29 of the Industrial Disputes Act, 1947 (in short "the Act") to seek prosecution. It is quite surprising that Labour Commissioner did not decide the application aforesaid, rather the department sent a letter indicating that permission of the prosecution sanction may not be accorded. The letter aforesaid is of 08.08.2011 and period of more than 2 years have passed even thereafter. The Labour Commissioner did not proceed with the matter on assurance for implementation of the award but it has not been implemented as yet. This Court thus issued an order on 09.11.2013 to cause appearance of Deputy Secretary, PWD, Government of Rajasthan, Jaipur, who issued a letter at Annexure -3 dated 08.08.2011 so also the Labour Commissioner to find out as to why application under Section 29 of the Act was not decided. Pursuant to the direction of this Court, the Deputy Secretary, PWD, Government of Rajasthan is present. Learned counsel appearing for PWD department submits that matter was sent for financial sanction to implement the award but on account of objection by finance department, the benefits could not be extended. It is mainly for want of qualification of the post of Surveyor. The matter was sent to the Personnel Department also thus it remained under active consideration of the departments concerned. The delay in grant of benefits is thus bonafide.

(2.) I have considered the submissions made by the parties and perused the record.

(3.) LEARNED counsel for respondents was asked to seek implementation of the award forthwith however again time is sought which has been denied by this Court. It is quite surprising that even after a clear direction of the Labour Court to award minimum of the pay scale to the employee w.e.f. 11.12.1983, the benefit has not been extended on one or other ground.