Ministry Of Textile vs Murari Lal Gupta & Anr

3. Background facts as projected by the respondent in the Writ Petition filed by him before the High Court are essentially as follows:

The same was rejected by order dated 20.5.1985 as he was over aged. According to the appellant, respondent stopped attending his duties in the office from 6.12.1987 and served a notice seeking reinstatement on 30.5.1988. On 3.6.1988 respondent filed L.A. No.201 of 1988 and 202 of 1988 for payment of difference in salary in the period from 24.8.1982 to 5.12.1987 and for overtime wages for the same period. On 5.7.1988 respondent filed a statement of claim before Conciliation Officer (Central), New Delhi. The efforts for conciliation proceedings failed and on 30.6.1989 failure report was submitted to Ministry for Labour.

Respondent filed a writ petition in 1993. By order dated 23.8.1995 respondent's writ petition was disposed of with a direction to refer the matter to the Industrial Tribunal notwithstanding the pendency of the matter filed by the respondent regarding minimum wages and overtime. The reference was rejected earlier by order dated 6.8.1990. The rejection was made on the ground that the matter was pending in Court. However, pursuant to the order of the High Court, reference was made under Section 10 of the Industrial Disputes Act, 1947 (in short the 'Act'). By award dated 9.2.2001 the Tribunal directed reinstatement with back wages. It is to be noted that the matter was decided ex-parte. In the year 2002, the scheme in which respondent claimed to have been appointed was abandoned by the Government of India. On 1.8.2002 the respondent filed writ petition No.4662 of 2002 for implementation of order of the Tribunal. On 17.10.2003 the appellant filed writ petition No.7707 of 2003 challenging the award. By order dated 21.9.2004, the writ petition filed by the appellant was dismissed while the writ petition filed by the respondent was allowed. The LPA was filed in respect of the order in writ petition No.7707 of 2003. LPA 26 of 2005 which was filed against the order in Writ Petition No.4662 of 2002. LPA No.26 of 2005 was dismissed as withdrawn and the other LPA was dismissed by the impugned order dated 24.3.2005.

4. Undisputedly the writ petition was filed after about five years. The High Court directed reconsideration of the matter and did not in fact direct reference to be made. Except in certain unexceptional cases courts should not direct reference to be made. It is within the domain of the Government to decide as to in which case reference is to be made and in which case reference is not to be done. The reference was apparently made on the ground that the High Court had directed a reference to be made. That was not factually correct. Be that as it may, writ petition filed by the respondents was allowed by the High Court. But the fact that the project has already been closed cannot be lost sight of. Also relevant is the belated filing of the writ petition.

7. In the peculiar facts of the case we direct that the respondent be paid an amount of Rs.50,000/- in full and final settlement of his claim. The direction for reinstatement and/or back wages stands set aside.

8. The appeal is allowed to the aforesaid extent with no order as to costs.