M/S DAMODAR VALLEY CORPORATION Vs. THEIR WORKMEN
LAWS(JHAR)-2018-3-139
HIGH COURT OF JHARKHAND
Decided on March 28,2018

M/S Damodar Valley Corporation Appellant
VERSUS
THEIR WORKMEN Respondents

JUDGEMENT

RAJESH SHANKAR, J. - (1.) W.P.(L) No. 4307 of 2006 has been filed for quashing the award dated 31.07.2004 [Annexure-9 to W.P.(L) No. 4307 of 2006] passed by the Presiding Officer, Industrial Tribunal, Ranchi (hereinafter referred to as 'the learned Tribunal') in Reference Case No. 81 of 1996 whereby it has been held that the Gauge Readers working in the petitioner-Corporation at Soil Conservation Department (SCD), Hazaribagh are entitled to get the pay and other facilities equal to the Gauge Readers working in DVC, Maithon from the date of the notification of the reference.
(2.) W.P.(L) No. 3533 of 2011 has been filed against the order dated 30.03.2011 [Annexure-3 to W.P.(L) No. 3533 of 2011] passed by the Presiding Officer-cum-authority, Labour Court, Hazaribagh under Section 33-C(2) of the Industrial Dispute Act, 1947 (hereinafter referred to as 'the Act, 1947') in M.J. Case No. 6 of 2010 whereby the claim of the respondents has been allowed with a direction to the petitioner-Management to pay the amount so computed to the concerned workmen within a period of three months. The operation of the order dated 30.03.2011 passed under Section 33-C(2) of the Act, 1947 was stayed vide order dated 25.02.2013. Subsequently, vide order dated 24.07.2017, the interim order dated 25.03.2013 was vacated. Aggrieved by the order dated 24.07.2013, the petitioner-Management preferred L.P.A. Nos. 281 of 2013 and 282 of 2013. The learned Division Bench of this Court vide order dated 03.10.2013, directed not to take any coercive steps against the petitioner-Management, if the total amount, as directed in the impugned award, is deposited before the Presiding Officer, Labour Court, Hazaribagh by 28.10.2013 with further observation that if the concerned workmen pray for release of the amount, the Presiding Officer, Labour Court, Hazaribagh may release 50% of the awarded amount to the individual workman on proper identification and verification in presence of the officials of the petitioner-DVC on filing an undertaking to refund the amount in case the impugned award is reversed at any stage.
(3.) It is jointly submitted by the learned counsel for the parties that 50% of the awarded amount deposited before the learned Labour Court, Hazaribagh has been disbursed to the individual workman. However, rest 50% of the awarded amount is still lying before the learned Labour Court, Hazaribagh. The Order dated 03.10.2013 was put to challenge by the petitioner-Management before the Hon'ble Supreme Court in Special Leave to Appeal (C) No. 36457 of 2013. However, the same was dismissed vide order dated 09.12.2013 with a liberty to the petitioner-Management to request the High Court for expeditious disposal of the present writ petition being W.P.(L) No. 4307 of 2006.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.