BHARAT HEAVY ELECTRICAL LIMITED Vs. STATE OF UTTAR PRADESH
LAWS(SC)-2003-7-78
SUPREME COURT OF INDIA
Decided on July 21,2003

BHARAT HEAVY ELECTRICAL LTD Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Shivaraj V. Patil, J. - (1.) Respondent Nos. 6-19 (in the writ petition before the High Court) were engaged as Gardeners (Malis) to sweep, clean and maintain and look after the lawns and parks inside the factory premises and the campus of the residential colony of the appellant through the agency of respondents Nos. 3-5. Their services were terminated on 1-12-1988. They raised industrial disputes before the Labour Court. The appellant took up a plea that they were never employed by it and it was not liable to pay any amount of compensation or to reinstate them in service. The Labour Court, on consideration of respective contentions and the evidence placed before it, passed the award dated 5-7-1996 directing to re-employ them and for payment of compensation of Rs. 15,000/- each for non-compliance of the provisions of S. 6-N of Uttar Pradesh Industrial Disputes Act, 1947 (for short the Act) besides ordering Rs. 500/- as costs to each one of them. Aggrieved by the award, the appellant filed Civil Misc. Writ Petition No.2109 of 1997 before the High Court. On 30-11-1998, Deputy Labour Commissioner issued a certificate to the Collector for recovery of Rs. 2, 17,000/-. Challenging the said certificate, Civil Misc. Writ Petition No. 41787 of 1998 was filed by the appellant. In the 3rd Writ Petition No. 1654 of 1999, the appellant questioned the validity and correctness of the order dated 2-1-1999 under which the appellant was asked to show cause why prosecution should not be launched under S. 14-A of the Act.
(2.) The High Court by the impugned common order dismissed Writ Petitions Nos. 2109 of 1997 and 41787 of 1998 concurring with the findings recorded by the Labour Court. Writ Petition No. 1654 of 1999 was disposed of directing no further action for initiating criminal proceedings under S.14-A of the Act if the appellant deposited a sum of Rs. 2, 17,000/- within a period of one month and in the event of failure of depositing the amount, there would be no impediment in launching criminal proceedings against the appellant.
(3.) Aggrieved by and not satisfied with this common impugned order, these appeals are brought before this Court.;


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