- (1.) This intra court appeal has been filed by the employer (Smt. Rajyashree Bhartia) under Clause X of the Letters Patent against the order dated 9.4.2014 passed by the learned Single Judge whereby the writ petition (CWP No. 8396 of 2010) filed by the appellant challenging the order dated 17.9.2009 passed by the labour Court under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short "the Act") in favour of the workman-respondent No. 4 herein has been dismissed. The labour Court vide the said order allowed the application of the respondent-workman filed under Section 33-C(2) of the Act for non payment of the backwages. As per the order dated 17.9.2009, the respondent-workman is to be paid a sum of Rs. 1,05,000/- as backwages alongwith interest @ 6% p.a. from the date of award till final payment in his favour.
(2.) While challenging the said order before the learned Single Judge, the appellant raised the question that at the time of the termination of the service of the workman, respondents No. 2, 3 and 5 were in control of the Factory, therefore, as per the arbitration award between the appellant and respondents No. 2, 3 and 5, those respondents are liable to pay the said amount of backwages to the respondent-workman. The learned Single Judge rejected the said contention while observing as under: "In the present case, there is no denying the fact that as per Form No. 2 filled up under the Factories Act, 1948 in the year 1991, the proprietorship of the factory M/s. Rajyashree Textiles continued to be with the petitioner as per Clause 8 (wrongly mentioned as Clause 9) and it specifically mentioned her name. Though the occupier of the said factory namely M/s. Rajyashree Textiles is Sh. N.P. Garodia and might be having control of the factory under section 2(n) of the Factories Act, 1948 but it is to be noticed that the Labour Court was well justified in holding that being a sole proprietor nothing had been brought on record that the firm had been dissolved. The workman, thus, was well justified in seeking the said amount from the petitioner in his application filed under Section 33-C(2) of the Act. The arbitration award dated 3.10.1983 showed the control of the said unit namely M/s. Rajyashree Textiles and M/s. New India Textiles was always with the first group, namely, Hariparsad Lohia, Naryan Prasad Garodia, Om Parkash Bhartia, Haricharan Garodia and Bal Krishan Garodia. As per the award which was made rule of Court on 21.9.1984, the first group was already running the said units at their own risk and they were to keep the second group fully indemnified and harmless in all respects since 27.4.1980. The termination was on 6.7.1992 and, therefore, the second group was not liable for the act of the first group. However, they were to be indemnified by the second group for all Court cases which were presently pending or may be filed in future."
(3.) Dissatisfied with the order of the learned Single Judge, the appellant has preferred the present appeal. Before us also similar pleas as raised before the learned Single Judge have been raised.;