CHHATTISGARH INF. DEV. COR. vs MOHD. HANIF AND ORS.

Since common question of law and fact is involved in all these connected writ petitions, therefore, they are tagged together and heard together and

are being disposed of by this common order.

In this batch of writ petitions, petitioner Chhattisgarh Infrastructure Development Corporation (CIDC) calls in question the order of the Labour

Court directing reinstatement along with back-wages affirmed by the Industrial Court as contained in the order.

Learned counsel appearing for the petitioner would submit that concurrent finding recorded by the two courts below directing reinstatement of

workmen is bad in law. They would further submit that the question of liability has been fastened upon CIDC whereas, the CIDC was formed with

effect from 31-12-2002, therefore, it will be liable only for the period thereafter, not prior to that and the company that will be liable is MPSRTC.

Learned counsel appearing for respondent No.2 would submit that concurrent finding by two courts below is based on the material available on

record and therefore it is not liable to be interfered with and the writ petitions deserve to be dismissed.

I have heard learned counsel for the parties and considered the rival submissions made herein-above and also gone through the record with utmost

circumspection.

The finding of reinstatement recorded finding the termination to be illegal is concurrent finding of fact based on material available on record. I do

not find any illegality or perversity in the said finding and therefore so far as reinstatement is concerned, this Court is not inclined to interfere with the

said finding.

So far as back-wages, it is brought to the notice of this Court that a Division Bench of this Court in W.A.No.419/2011 (State of Chhattisgarh and

another v. G.K. Gupta and another), decided on 16-7-2012, has allowed the appeal filed by CIDC and made directions with regard to inter se liability

of the State of Chhattisgarh and CIDC which state as under: -

 “24. As a result of the aforesaid discussion, all the appeals succeed and are allowed in part. The impugned common order dated 4th July, 2011 is

accordingly modified to the extent by declaring that the appellants i.e. 'State of Chhattisgarh' and 'CIDC' are not liable to incur and pay the interest

liability as demanded by the writ petitioner pursuant to the EDF Scheme and instead, it is declared and directed that the 'MPSRTC' (respondent No.2)

is and would continue to be liable to incur and pay the interest liability accrued on the deposit made by the writ petitioner pursuant to the EDF Scheme

to the writ petitioner, including all kinds of liabilities arising out of the EDF Scheme.

The MPSRTC is directed to verify the claims of each writ petitioners and after making proper verification of deposit made by the writ petitioners

would calculate the interest as per the method prescribed in the EDF Scheme and then pay to each writ petitioner the amount so worked out and

found payable.â€​

In view of the above, it would be expedient to remit the matter to the Labour Court to decide the extent of liability of CIDC and MPSRTC after

hearing both the Corporations as well as the employees/ petitioners within a period of four months from the date of receipt of a copy of this order. It is

ordered accordingly.

The writ petitions stand finally disposed of with the aforesaid observation/direction. No order as to cost(s).