S.B.C.W.P. No.4587/2006
Gopal Singh Vs. Hindustan Zinc Ltd. & Ors.
Order dt: 02/11/2011
1/3
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S. B. Civil Writ Petition No.4587/2006
Gopal Singh Vs. Hindustan Zinc Ltd. & Ors.
DATE OF ORDER ::: 02nd November 2011
PRESENT
HON’BLE DR. JUSTICE VINEET KOTHARI
Mr. D.K. Parihar, for the petitioner.
Mr. Rajesh Joshi, for the respondents.
—
1. By the present writ petition, the petitioner-workman has
challenged the impugned order (Annex-1) dated 23.08.2004 whereby
application filed by the workman under Section 33-C (2) of the
Industrial Disputes Act, 1947 (for short, hereinafter referred to as ‘Act
of 1947’) dated 16.12.2002 for giving him the consequential benefits
of Rs.20 lacs, has been rejected by the learned Industrial Tribunal,
Udaipur.
2. Learned counsels for the parties at bar commonly submit
that the issue regarding reference of industrial dispute in question
against the alleged illegal termination of the workman itself has
already been decided against the workman by this Court while
allowing the writ petition filed by the respondent-employer being
SBCWP No.2995/1997 (M/s Hindustan Zinc Ltd. Vs. Gopal Singh
Sisodia), decided on 23.03.1992. The matter was taken by the
S.B.C.W.P. No.4587/2006
Gopal Singh Vs. Hindustan Zinc Ltd. & Ors.
Order dt: 02/11/2011
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workman up-to Hon’ble Supreme Court and his SLP No.171/1993
was also dismissed by the Apex Court on 27.08.1992 vide Annex-R/4
on record. Thereafter in the second round of litigation, again the
workman filed writ petition before this Court being SBCWP
No.5602/2004 (Gopal Singh Vs. M/s Hindustan Zinc Ltd.) again
seeking reference of his dispute, which writ petition came to be
dismissed by a coordinate bench of this Court on 02.04.2007 in the
following terms:
“I do not find any merit in the contentions so raised.
It is not in dispute that the workman was terminated from
service on 12.5.1973 and at the first instance he raised
industrial dispute on 1.12.1983. The delay in raising the
dispute was considered by this Court in earlier writ petition
that came to be decided by the judgment dated 23.03.1992.
This Court in quite unambiguous terms reached at the
conclusion that the delay of 10 years in raising the dispute
was unexplained and in normal course such stale matters
cannot be referred for their adjudication. The finding given
by this Court remained intact up to Supreme Court. Once
this issue has been decided by the Court, it was not open for
the appropriate government to reconsider the same,
therefore, it rightly declined to refer the dispute.
I do not find any merit in this petition for writ,
accordingly dismissed.
Sd/-
(Govind Mathur), J.”
3. The aforesaid judgment has become final. Thus, the
learned counsel for the respondents urged that since the reference of
S.B.C.W.P. No.4587/2006
Gopal Singh Vs. Hindustan Zinc Ltd. & Ors.
Order dt: 02/11/2011
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industrial dispute itself has been turned-down finally by this Court,
there was no justification of entertaining the application under Section
33-C (2) of the Act of 1947; and the learned Tribunal has rightly
dismissed the same by the impugned order Annex-1 dated
23.08.2004.
4. Having heard learned counsels for the parties and upon
careful perusal of the impugned order and facts as narrated above,
this Court is satisfied that there was no occasion for the learned
Industrial Tribunal, Udaipur to entertain the application under Section
33-C (2) of the Act of 1947. In the absence of any award in favour of
petitioner-workman, there could not be any admitted liability on the
part of employer to pay any such dues in terms of Section 33-C (2) of
the Act of 1947, since the reference of dispute by workman itself was
turned-down up to Apex Court of the country, including the two
judgments of this Court.
5. Therefore, the impugned order rejecting his application
under Section 33-C (2) of Act of 1947 is found to be unassailable and
the present writ petition of the workman is found to be devoid of merit
and the same is accordingly dismissed. No costs.
(DR. VINEET KOTHARI), J.
DJ/-
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