The General Secretary v. The Director (Cari)/Ciari-Icar The Central Agricultural Research Institute

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/3/2022 The General Secretary, Plantation Crops workers Union Vs.

The Director (CARI)/ CIARI-ICAR, Port Blair Mr. N.A.Khan ... for the petitioners Mr. V.D.Sivabalan Mr. Arun S Kumar ... for the respondent December 22, 2023 [AKB] Item No.3 The present writ application has been preferred by the petitioner praying for setting aside of the judgement dated 22.09.2021 passed by learned Presiding Officer of Industrial Tribunal/Labour court A&N Islands Port Blair in ID Execution Case No. 01 of 2019 dismissing the application filed by the applicant under section 33 c (2) of Industrial Dispute Act.

Learned counsel appearing for the respondent has brought the notice of this Court, to Annexure - 2 at page 178 of the writ petition, which is an order of the Hon'ble Supreme Court dated October 24, 2016 in Appeal Nos. 1720-1721 of 2001 with Civil Appeal Nos. 1722 - 1723 of 2001, Central Agricultural Research Institute and another vs Presiding Officer, Labour Court and others. It is submitted that by the instant order, the Hon'ble Apex Court has finally decided regarding the matter before this Court and as such the writ petition is now infructuous. Vide the order dated October 24, 2016 the Supreme Court directed as follows :- "3. Apropos the suggestion, the appellants have now framed a Scheme, copy of which has been produced before this Court alongwith additional affidavit.

4. the learned counsel for contesting respondents submits that the scheme as such is not acceptable to the workers. Be that as it may, now that the appellants have framed a Scheme with regard to the settlement of grievance of the party-respondents, we are of the view that these appeals should be disposed of directing the appellants to implement the Scheme, in substitution of the award passed by the Labour Court. Ordered accordingly.

5. However, we make it clear that in case the party-respondents have any surviving grievance, it will be open to them to make a representation before appellant No.1 or pursue the same in appropriate proceedings.

6. In view of the ensuing Diwali Festival, we direct the appellants to disburse the benefits in terms of the Scheme on or before 29th October, 2016."

The learned counsel for the petitioner submits that as the appellant before the Hon'ble Apex Court who is the respondent before this Court failed to implement the scheme, a representation was filed with the Director, Central Agricultural Research Institute, Port Blair on 10.02.2017. It is submitted that as till date the said representation has not been disposed of, the petitioner approached the Regional Labour Commissioner, Kolkata (Central) where the case of the petitioner was dismissed. Learned Counsel for the respondent could not produce any documents to show that the representation of the petitioner dated 10th February, 2017 had been disposed of.

Admittedly, the said representation dated 10th February, 2017 had been made by the petitioner as per the liberty granted by the Supreme Court at para 5 of its order. It also appears that in paragraph 5, the Hon'ble Court also gave the liberty to the petitioner to pursue the same in appropriate proceedings.

Accordingly the petitioner approached the Labour Court in Kolkata. By a Judgment and order dated 27th September, 2021, the presiding officer, Labour Court in the said case being I.D. Execution Case no. 01 of 2019 dismissed the said application under Section 33 C (2) of Industrial Dispute Act.

It is submitted by the learned Counsel for the respondent that as per direction of the Supreme Court, the scheme has been implemented.

On perusal of the order under challenge it appears, that the learned Presiding Officer, Labour Court, without considering the application of the writ petitioner on merit, came to the finding that all the grievances of the petitioners were implemented by the Hon'ble Supreme Court. The Labour Court held that when the one time settlement was prepared by the respondent and implemented by the Supreme Court, the grievance for unpaid/less paid amount under Section 17 B of the Industrial Dispute Act does not survive.

The said findings of the Labour Court has been passed without adjudicating the case of the petitioner on merit, which was made by the petitioner as per liberty given by the Supreme Court in paragraph 5. The Labour Court without considering the merits on record, held that

as the matter was decided by the Supreme Court no other grievance survives. The said findings of the Labour Court is thus not in accordance with the liberty given by the Supreme Court in paragraph 5 of the said Order. Accordingly, the order and judgment dated 22nd September, 2021 passed by learned Presiding Officer of Industrial Tribunal/Labour court A&N Islands Port Blair in ID Execution Case No. 01 of 2019 dismissing the application filed by the applicant under section 33 c (2) of Industrial Dispute Act is set aside being not in accordance with law.

The learned present Presiding Officer of the Labour Court at Port Blair is directed to re-hear I.D. Execution Case No. 01 of 2019 afresh, considering the matter on merit and on hearing both sides should dispose of the case within a period of two months from the date of this order in accordance with law.

The writ petition is according disposed of.

(Shampa Dutt (Paul), J.)