MP High Court Slams State For 'Sleeping Over' Execution Of Revenue Notice After Labour Court Granted Relief To Diploma Holder Supervisor

While dismissing State's plea against a 2024 decision rejecting its request for modification of a 2013 Labour Court order, the Madhya Pradesh High Court slammed the authorities for 'sleeping' over execution of the revenue notice passed after the labour court's order and for not acting against erring officers responsible for such inaction.The High Court noted that the Labour Court had passed its order in November 2013 in favour of the respondent holding that he is entitled to receive pay scale of Classified Diploma Holder Supervisor and directed that he is entitled to receive Rs.7,07,647. The High Court observed that the State filed a writ petition in 2014 which was disposed of in 2016 granting liberty to the State to file an application for modification. It said that it "obligatory on the part of the" State authorities to explain that as to why modification plea was not filed within a period of one month from 2016 order.The court noted that the revenue recovery notice was issued in 2015 while the State's writ was pending; however after that the State "went in hibernation or in deep sleep and did not take any action".Justice Gurpal Singh Ahluwalia in his order observed:"Even Collector, Gwalior did not take any action for execution of RRC. It is being observed by this Court that whenever an award is passed by Labour Court and RRCs are issued against government officers, then Collectors are not showing any interest in execution of said RRCs and the persons are being compelled to approach this Court for a direction for early execution of RRC. It is really surprising that on one hand, officers of department against whom an award has been passed, are sleeping over the matter and on the other hand, the Collectors are trying to protect such officers by not executing the of RRCs."Dismissing the State's contention that delay in filing application for modification of order was due to Covid-19 Pandemic, the Court said: “It is really surprising that petitioner had filed the application like an ordinary layman litigant and also tried to take advantage of restrictions which were imposed in the light of COVID -19 pandemic. Nation-wise lock-down was declared in the month of March, 2020 whereas liberty was granted by this Court by order dated 25.02.2016. Why the petitioners and its Officers were in deep sleep for four long years has not been explained...Had it been a case that immediately after restrictions were lifted, an application for modification was filed, then this Court could have understood the adverse impact of restrictions imposed on account of COVID - 19 Pandemic. The restrictions were completely lifted by the end of year 2021, still application for modification was filed in the month of January, 2024. Thus, it is clear that petitioners itself is not interested in prosecution of its own cause and was unnecessarily giving a false and baseless excuses which were rightly not accepted by the Labour Court.”The court further noted that the State government had not taken any action against the concerned Collector who did not show any interest in execution of RRC.“Under these circumstances, it is clear that State Government itself is not interested in improving its own functioning by taking departmental action against such erring officers. Public exchequer cannot be allowed to be burdened only on account of failure on the part of State Government. It is not out of place to mention here that public exchequer is the amount of tax payers and not the personal amount of the State Government,” the court added. BackgroundA petition was filed against an order passed by Labour Court, Gwalior and order passed by Industrial Court Bench, Gwalior by which an application filed by petitioner/state authorities for modification of order was rejected on the ground of limitation.The counsel for petitioners (State) submitted that the Labour Court had directed the State to pay arrears to respondent to the extent of Rs.7,07,647. It was submitted that although the respondent was the Classified Diploma Holder Supervisor, but pay scale which was payable to Sub-Engineer was applied. Therefore, the State filed a petition challenging the Labour Court's order. The said petition was disposed of with the liberty to the State to file an application for modification of order passed by Labour Court on the application filed by respondent/employee under Section 108 (Recovery of amount due under the Act) of Madhya Pradesh Industrial Relationship Act.The counsel conceded to the fact that the authorities of petitioners never filed any application for modification. In the meanwhile, Revenue Recovery Notice (RRC) was also issued directing the Collector, Gwalior to recover Rs.7,07,647.Although RRC was issued to Collector, Gwalior even that could not awake the Authorities of State Government from their deep sleep and they were happy with the non-action on the orders/awards passed by the Labour Court, the order notes. The respondent then filed a petition for...

MP High Court Slams State For 'Sleeping Over' Execution Of Revenue Notice After Labour Court Granted Relief To Diploma Holder Supervisor

Anukriti Mishra

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