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

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. 

Background

A 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 expeditious disposal of revenue notice's execution. The Court directed the Collector, Gwalior to execute the RRC within a period of three months.  

The counsel submitted that since proceedings were already initiated for execution of RRC, therefore, petitioners filed an application for modification of order which was rejected by Labour Court, Gwalior on the ground of limitation. Appeal was also dismissed.

Findings

The high court noted that the petitioners filed an application for modification of order of 2013 in the year 2024 and the counsel for petitioners failed to point out whether any application under Section 5 of Limitation Act was filed or not.

Perusing the application filed by petitioners for modification of order, the Court opined that the reasons stated therein were completely 'vague' and 'misleading' and false even to the knowledge of petitioners.

The Court noted that a general statement was made that certain subdivisions were being merged into one sub-division and thus, the file of respondent got misplaced and later, on account of COVID - 19 pandemic, office working had come to a halt and thus, there was delay in filing of the application. 

“The aforesaid reasons as disclosed by petitioners are shocking even to the conscience of this Court,” the Court said.

The Court opined that the petitioners were not interested in prosecution of its own cause and were unnecessarily giving a false and baseless excuses which were rightly not accepted by the Labour Court.

The Court noted that State Government did not take any action against person responsible for not filing any application for modification of order. Further, no action was taken against any of the Collectors who did not show any interest in execution of RRC.

Dismissing the plea the court directed,"Accordingly, it is directed that State Government shall recover the amount from the persons who are responsible for not filing application for modification within a period of limitation or within a reasonable period.Let this inquiry be concluded within a period of three months from today...Let report be submitted by Principal Secretary, Water Resources Department with regard to ascertainment of liability within a period of four months". 

Case Title: The State Of Madhya Pradesh And Others Versus Rajendra Kumar Sharma, Writ Petition No. 15408 Of 2025

Counsel for Petitioners/State: Advocate Jitesh Sharma