CIMCO BIRLA LTD. Vs ROWENA LEWIS
Bench: V. GOPALA GOWDA,C. NAGAPPAN
Case number: C.A. No.-010856-010856 / 2010
Diary number: 19275 / 2010
Advocates: SHIV KHORANA Vs
NIRNIMESH DUBE
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C.A. No. 10856 of 2010 NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10856 OF 2010
CIMCO BIRLA LTD. ………APPELLANT
Vs.
ROWENA LEWIS ………RESPONDENT
J U D G M E N T
V.GOPALA GOWDA, J.
The appellant-employer has questioned the
correctness of the impugned judgment and order
dated 29.1.2010 passed by the Division Bench of
the High Court in Letters Patent Appeal
No.28316 of 2009 in affirming the judgment and
order dated 15.6.2009 passed by the learned
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C.A. No. 10856 of 2010 single Judge in Writ Petition (C) No.3135 of
2009 whereby the learned single Judge dismissed
the Writ Petition. The writ petition was filed
by the appellant-employer herein against the
order dated 16.4.2007 passed by the Industrial
Court, Mumbai in complaint (ULP) No.588 of 1996
filed by the respondent-workman.
2. The brief facts of the case in nutshell
are stated as under :-
The respondent-workman filed the
complaint (ULP) No. 339 of 1987 before the
Labour Court, Mumbai under the provisions of
the Maharashtra Recognition of Trade Unions and
Prevention of Unfair Labour Practices Act, 1971
(“the Act” in short) questioning the legality
of the order of his termination from service
and alleging that it amounts to an unfair
labour practice by the appellant and prayed for
setting aside the same and passing an award of
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C.A. No. 10856 of 2010 reinstatement and continuity of service with
full back wages.
3. The Labour Court vide its award dated
25.3.1996 found the appellant guilty of unfair
labour practice under Items 1(a), (b), (d) and
(f) of Schedule IV of the Act, and allowed the
said complaint directing the appellant to
reinstate the respondent with full back wages
and continuity of service.
4. Against the said award, the appellant
filed Revision Application No. 72 of 1996
before the Industrial Court which was rejected
vide order dated 8.10.1996
5. Being aggrieved of the said award, the
appellant filed Writ Petition (C) No. 6064 of
1996 before the High Court and the same was
dismissed by the High Court on 2.4.2004 for
default.
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C.A. No. 10856 of 2010 6. For restoration of the Writ Petition (C)
No.6064 of 1996 the appellant filed Civil
Application NO. 1104 of 2009 and the same was
also dismissed vide order dated 23.6.2010.
7. The said order not being challenged by
the appellant the award dated 25.3.1996 passed
by the Labour Court in complaint (ULP) No. 339
of 1987 has attained finality.
8. The said award passed in the complaint
having not been implemented, the second inning
was initiated by the respondent-workman by
filing a Complaint No. (ULP) 588 of 1996 before
the Industrial Court seeking for implementation
of the award dated 25.3.1996 passed by the
Labour Court in the Complaint (ULP) No. 339 of
1987.
9. The Industrial Court vide order dated
16.4.2007 allowed the Complaint (ULP) No. 588
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C.A. No. 10856 of 2010 of 1996 and directed the appellant to comply
with award dated 25.3.1996 of the Labour Court.
10. The appellant being aggrieved by the said
order, filed Writ Petition (C) No. 3135 of 2009
against the said order before the High Court
urging various grounds.
11. The learned single Judge vide order dated
15.6.2009 dismissed Writ Petition (C) No. 3135
of 2009 after adverting to the factual aspects
and legal contentions urged on behalf of the
parties and rightly rejected the plea of
alleged closure of appellant’s Bombay Office by
recording its reasons which order was affirmed
by the High Court in the earlier writ petition
proceedings, thereby the plea that Bombay
Office of the appellant was closed was not
accepted and the same was concluded in the
earlier round of litigation between the
parties.
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C.A. No. 10856 of 2010
12. Being aggrieved by the order dated
15.6.2009, the appellant filed Letters Patent
Appeal No.28316 of 2009 before the Division
Bench of High Court. The Division Bench
dismissed the said appeal vide its order dated
29.1.2010, after giving valid and cogent
reasons at paragraph No. 4, of the impugned
judgment. The relevant portion of paragraph No.
4 is extracted hereunder :-
“4……The learned single Judge while dismissing the petition has found that the Industrial Court has given cogent and sound reasons for rejecting the application for amendment of written statement. It is concurrently found that though an opportunity was available for raising the plea at earlier stage, the application for amendment was sought to be made at the fag end of the complaint filed by the respondent for implementation of the order passed in the earlier complaint. In any case, the issue before the learned Industrial Court in complaint(ULP) No. 588 of 1996 was only with regard to the implementation of the order dated
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C.A. No. 10856 of 2010 25.3.1996 in Complaint (ULP) No. 339 of 1987 passed by the Labour Court.”
13. Aggrieved by the order dated 29.1.2010
passed in the Letters Patent Appeal, this
appeal is filed by the appellant urging various
legal grounds.
14. Having heard the learned counsel on
behalf of both the parties, we are of the view
that the concluded lis between the parties with
regard to the wrongful termination of the
respondent from services in the earlier round
of litigation and passing of an award of
reinstatement with full back wages and
continuity of service from the date of
termination till the date of reinstatement
since the said award was not deliberately
implemented by the appellant, therefore, the
respondent-workman rightly approached the
Industrial Court by filing a complaint in the
second round of litigation seeking for
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C.A. No. 10856 of 2010 implementation of the same. The award passed
in favour of the respondent by the Labour Court
has attained finality, hence, the judgment and
orders passed by the learned single Judge and
the Division Bench of the High Court in not
interfering with the order passed by the
Industrial Court dated 16.4.2007 in the
complaint filed by the respondent for
implementation of the award by way of execution
of the award do not call for interference by
this Court in exercise of its appellate
jurisdiction.
15. This Court while granting leave in the
said appeal passed the following order on
6.12.2010 :-
“….Hearing expedited. We have been informed that the respondent has since been reinstated. In that view of the matter only direction with regard to the payment of back wages shall remain stayed, subject to appellant’s depositing in this Court the
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C.A. No. 10856 of 2010 balance amount of back wages within two months. As and when, the said deposit is made, the same be put in a fixed deposit, initially, for a period of one year.”
In pursuant to the said interim order, it is
stated on behalf of the appellant that the
amount is deposited in this Court and the same
is kept in fixed deposit initially for a period
of one year and that came to be extended from
time to time. The respondent is at liberty to
withdraw the said amount including the interest
earned thereon. The receipt of the said back
wages deposited shall be adjusted towards the
back wages awarded by the Industrial Court in
its award and order dated 16.4.2007 passed in
Complaint (ULP) No. 588/1996 wherein the
appellant was directed to pay/deposit back
wages with all attendant benefits up to date
upon deducting Rs.2,98,213/-, and to pay
interest at the rate of 12% per annum in case
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C.A. No. 10856 of 2010 of non compliance of the order within one
month.
16. The appellant-employer has filed this
appeal questioning the correctness of the order
dated 16.4.2007 passed in Complaint (ULP) No.
588 of 1996. The award passed by the Labour
Court in the Complaint (ULP) No. 339 of 1987
has attained finality as the writ petition
filed came to be dismissed on 2.4.2004 for
default and restoration of the aforesaid writ
petition also came to be dismissed vide order
dated 23.6.2010 thereby the award has attained
finality.
17. The appellant-employer has been
litigating and dragging the workman from one
court to another from 1987 till date which is
nearly about 27 years. In this process the
legitimate right of receiving the monetary
benefits awarded in favour of the respondent is
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C.A. No. 10856 of 2010 being denied by the appellant by taking
untenable contentions thereby the respondent
and her family members have been put to great
hardship and mental agony. Therefore, it is a
fit case for awarding the costs towards
engaging the lawyers and hardship which has
been facing by the workman from 1987.
18. In view of the aforesaid reasons, we pass
the following order :
(i) The appeal is devoid of merit as none
of the grounds, urged are tenable in law
hence the same is dismissed with costs of
Rs.50,000/- payable to the workman;
(ii) The appellant is directed to comply
with the terms and conditions of the order
dated 16.4.2007 passed by the Industrial
Court in Complaint (ULP) No. 588 of 1996
within four weeks from the date of receipt
of the copy of this order.
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C.A. No. 10856 of 2010
19. Interlocutory Application No. 1 filed in
this appeal is disposed of.
…………………………………………………………………J. [V. GOPALA GOWDA]
………………………………………………………………J. [C. NAGAPPAN]
New Delhi, November 27, 2014
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C.A. No. 10856 of 2010
ITEM NO.1A-For Judgment COURT NO.9 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 10856/2010
CIMCO BIRLA LTD. Appellant(s)
VERSUS
ROWENA LEWIS Respondent(s)
Date : 27/11/2014 This appeal was called on for JUDGMENT today.
For Appellant(s)
Mr. Shiv Khorana,Adv.
For Respondent(s) Mr. Nirnimesh Dube,Adv.
Hon'ble Mr. Justice V.Gopala Gowda pronounced the
judgment of the Bench comprising His Lordship and Hon'ble
Mr. Justice C.Nagappan.
The appeal is dismissed in terms of the signed order.
(VINOD KUMAR) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER
(Signed Non-Reportable judgment is placed on the file)