MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT ON THE STATE OF MADHYA PRADESH AND OTHERS V/S GHANSHYAM YADAV

JABALPUR, India, Dec. 9 -- Madhya Pradesh High Court issued the following judgment/order on Nov. 10:

1. The instant intra court appeal has been preferred by the appellants assailing the order dated 05.09.2024 passed by learned Single Judge in W.P. No.12825/2016, whereby the writ petition preferred by the appellants under Article 226 of the Constitution of India challenging the award dated 29.04.2016 passed by Labour Court, Sagar in reference case No.32/2014 was dismissed due to non-compliance of the provisions of Section 17-B of Industrial Dispute Act and interim order dated 14.09.2026 passed by the writ court.

2. Heard on I.A. No.19116/2025, which is an application for condonation of delay occurred in filing the present writ appeal.

3. As per office report, the present writ appeal is barred by 292 days.

4. Learned Deputy Advocate General appearing on behalf of appellants submits that the impugned order was passed by the learned Single Judge on 05.09.2024 and thereafter on 21.09.2024 office of Advocate General of MadhyaPradesh opined to prefer writ appeal in the matter and the opinion was forwarded to Director, Department of Animal, Husbandry and Dairy, Bhopal on 23.09.2024 for further action and a communication dated 29.10.2024 was received from the Law Department granting permission to file writ appeal challenging the impugned order and on 07.11.2024, OIC was also appointed.

5. After appointment of OIC on 07.11.2024, he appeared in the office of Advocate General on 14.11.2024 and on 09.12.2024, OIC wrote a letter to Director, Department of Animal, Husbandry and Dairy to allocate the budget for compliance of the provisions of Section 17-B of Industrial Dispute Act. Sanction was received on 18.12.2024. Thereafter, on 26.03.2025, the State Government granted approval and on 18.04.2025 the relevant order was passed by the competent authority for compliance of provisions of Section 17-B of Industrial Dispute Act.

6. On 24.04.2025, bills in compliance of provisions of Section 17-B of the Industrial Dispute Act were passed by Treasury. However, immediately thereafter, the writ appeal was not preferred and no action was taken by OIC till 18.09.2025 when he once again appeared in the office of Advocate General for preparation of writ appeal and thereafter the writ appeal was prepared and the same was filed on 23.09.2025.

7. It is pertinent to mention here that by the subject writ petition, the State Government challenged the award dated 29.04.2016 passed by Industrial Court, Sagar in reference case No.34/2014, whereby the reference was answered in favour of respondent/employee and the award was passed to reinstate the respondent with all back wages. The award was challenged by way of preferring writ petition before the learned Single Judge and a direction was issued on 14.09.2016 to comply with the provisions of Section 17-B of the Industrial Dispute Act and subject to said compliance, the operation of award dated 29.04.2016 was stayed.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/2808/WA_2808_2025_FinalOrder_10-11-2025_digi.pdf)

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