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Patna High Court

Siya SinghversusThe Bihar State Road Transport Corporation

Decided
Disposal
ALLOWED

Holding

The Court held that an unchallenged award directing full back wages cannot be altered, and the Certificate Officer lacked jurisdiction to recall the warrant without payment, thereby setting aside the impugned order.

Summary

The appellant, former conductor Siya Singh, was dismissed in 1978 for alleged misconduct and later reinstated in 2007 after a Labour Court award directing full back wages and benefits. The Corporation later sought to limit his back‑wage claim to Rs. 11,70,990 under Section 33C(2) of the Industrial Disputes Act, while the appellant also challenged a warrant recall by the Certificate Officer. The High Court examined whether the Labour Court had correctly applied the principle of ‘no work, no pay’ and whether the Certificate Officer had jurisdiction to recall the warrant without payment. Relying on Supreme Court precedents that full back wages are the normal rule after illegal dismissal and that Section 33C(2) proceedings are akin to execution, the Court held that the foundational award had not been challenged and could not be altered. Consequently, the Court set aside the Single Judge’s order, allowed the appellant’s writ petition (C.W.J.C. No. 17753 of 2018) and dismissed the Corporation’s writ petition (C.W.J.C. No. 2592 of 2014). Both Letters Patent Appeals were allowed.

Issues considered

  • The legality of limiting back‑wage entitlement to the amount awarded under Section 33C(2) despite an unchallenged award directing full back wages.
  • Whether the Certificate Officer had jurisdiction to recall a warrant without receipt of the debt.
  • Application of the ‘no work, no pay’ principle in the context of reinstatement after illegal dismissal.
  • Whether the High Court could interfere with the Labour Court’s award when the award itself was unchallenged.

Legislation cited

Subjects

  • Industrial Disputes Act
  • Section 33C(2)
  • Back wages
  • Reinstatement
  • No work no pay
  • Certificate Officer
  • Warrant recall
  • Labour Court
  • Letters Patent Appeal
  • Execution proceedings

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.827 of 2025
                                            In
                    Civil Writ Jurisdiction Case No.17753 of 2018
     =======================================================
     Siya Singh Son of Late Rewa Singh, Resident at Village- Machhariyawan,
     Police Station-Fatuha, District- Patna                    ... ... Appellant
                                          Versus
1.    The State of Bihar through Principal Secretary, Department of Labour,
      Government of Bihar, Patna.
2.   District Magistrate-Cum-Collector, Patna.
3.   Certificate Officer-Cum-District, Panchayati Raj Officer, Patna.
4.   Bihar State Road Transport Corporation through its Administrator,
     Pariwahan Bhawan, Veer Chand Patel Road, Patna.
5.   Administrator, Bihar State Road Transport Corporation, Pariwahan Bhawan,
     Veer Chand Patel Road, Patna.
6.   Chief Accounts Officer, Bihar State Road Transport Corporation, Pariwahan
     Bhawan, Veer Chand Patel Road, Patna.
7.    Divisional Manager, Bihar State Road Transport Corporation, Patna
      Division, Bankipur, Patna.
                                                      ... ... Respondents
     =======================================================
                                     With
                       Letters Patent Appeal No. 829 of 2025
                                          In
                    Civil Writ Jurisdiction Case No.2592 of 2014
     =======================================================
     Siya Singh Son of Late Rewa Singh Ex- Conductor, Bihar State Road
     Transport Corporation, Bankipur Depot, Patna, Permanent resident of Village-
     Machhariyawan, Police Station- Fatuha, District- Patna.   ... ... Appellant
                                        Versus
1.    The Bihar State Road Transport Corporation through the Chief of
      Administration, Birchand Patel Marg, Patna.
2.   The State of Bihar.
3.   The Presiding Officer, Labour Court, Patna.
                                               ... ... Respondents
     =======================================================
     Appearance :
     (In Letters Patent Appeal No. 827 of 2025)
     For the Appellant/s     :        Mr. Raj Shekhar, Adv.
     For the State           :        Mr. Yogendra Pd. Sinha, AAG-7
                                      Mr. Rakesh Ambastha, AC to AAG-7
     For the B.S.R.T.C.      :        Mr. Prabhat Kumar Verma, Sr. Adv.
                                      Mr. Jainendra Kumar Sinha, Adv.
     (In Letters Patent Appeal No. 829 of 2025)
     For the Appellant/s      :       Mr. Raj Shekhar, Adv.
     For the State            :       Mr. Yogendra Pd. Sinha, AAG-7
                                      Mr. Rakesh Ambastha, AC to AAG-7
     For the B.S.R.T.C.       :       Mr. Prabhat Kumar Verma, Sr. Adv.
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                                          Mr. Lakshmi Kant Tiwary, Adv.
       ======================================================
       CORAM: HONOURABLE THE CHIEF JUSTICE
               and
               HONOURABLE MR. JUSTICE HARISH KUMAR
       ORAL JUDGMENT
       (Per: HONOURABLE THE CHIEF JUSTICE)

         Date : 07-05-2026

                      Both the Letters Patent Appeals have been filed by the

         appellant Siya Singh challenging the common order dated

         23.06.2025 passed by the learned Single Judge in C.W.J.C. No.

         2592 of 2014 and C.W.J.C. No. 17753 of 2018, whereby the

         writ petition filed by the Bihar State Road Transport

         Corporation (hereinafter referred to as, ‘Corporation’) vide

         C.W.J.C. No. 2592 of 2014 was allowed and the writ petition

         filed by the appellant Siya Singh vide C.W.J.C. No. 17753 of

         2018 was dismissed.

                              C.W.J.C. No. 2592 of 2014

                      2. C.W.J.C. No. 2592 of 2014 was filed by the

         Corporation through the Chief of Administration with a prayer

         for quashing the judgment dated 19.06.2013, passed by the

         learned Presiding Officer, Labour Court in Misc. Case No. 02 of

         2008 in directing for payment of back wages to the tune of Rs.

         11,70,990/- (Rupees Eleven Lakh Seventy Thousand Nine

         Hundred Ninety only) after computation under Section 33C(2)

         of the Industrial Disputes Act, 1947 (hereinafter referred to as,

         “I.D. Act, 1947”) as per the award dated 14.11.2006 passed by
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         the said Court in Reference Case No. 24 of 1995 under section

         10(1)(c) of I.D. Act, 1947.

                      3. It is the case of the Corporation in C.W.J.C. No.

         2592 of 2014 that the appellant was working as a Conductor in

         the Corporation, in Bankipur Depot, Patna and on 24.01.1978,

         while he was on duty in vehicle no. BHT-8015 (Rupauli – Patna

         service), during checking, it was found that the appellant had

         realized fare from ten unbooked passengers illegally without

         giving them any tickets, and there were seventeen unbooked

         passengers in the bus, and he had committed misconduct with

         the checking party and, as such, the charge was framed against

         him and after proper departmental enquiry, it was proved that he

         collected illegal money from the unbooked passengers and

         ultimately he was dismissed from service on 19.09.1978.

                      4. The dispute was referred by the Govt. of Bihar to

         the Labour Court and Reference Case No. 24 of 1995 was

         initiated under Section 10(1)(c) of I.D. Act, 1947 and the terms

         of reference were as follows:

                  “Whether the termination of services of Siya Singh,
                  Conductor, Bihar State Road Transport Corporation,
                  Bankipur Depot is proper and justified? If not, what
                  relief the workman is entitled to?”

                      5. The learned Presiding Officer, Labour Court, Patna

         before whom oral and documentary evidence was adduced by
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         both the sides, after hearing the parties, passed the award on

         14.11.2006 in favour of the appellant. The learned Labour Court

         set aside the dismissal order of the appellant dated 19.09.1978

         and held that the appellant would be deemed to be an employee

         on the date of dismissal and the management was directed to

         reinstate him with full back wages and other consequential

         benefits.

                      6. It is the further case of the Corporation that the

         appellant submitted the aforesaid award before the Corporation

         and since the Corporation was running under acute financial

         crisis, the Administrator of the Corporation suggested to the

         appellant for reinstatement, after forgoing the back wages and

         consequential benefits, as provided in the award, which was

         accepted by the appellant. Accordingly, the reinstatement order

         was passed on 28.12.2007 with a specific direction that the

         appellant shall not be entitled to any benefits for the non-

         working period.

                      7. It is the further case of the Corporation that the

         appellant willfully accepted the order dated 28.12.2007, without

         any objection and joined the duty and after one year, he filed

         Misc. Case No. 02 of 2008 before the learned Presiding Officer,

         Labour Court, Patna under Section 33C(2) of the I.D. Act, 1947,

         claiming the back wages to the tune of Rs. 16,90,238/- (Rupees
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         Sixteen Lakh Ninety Thousand Two Hundred Thirty Eight

         only), wherein the Corporation appeared on being noticed and

         filed the show-cause. However, the learned Labour Court

         without proper finding and without assigning any cogent reason

         passed the order dated 19.06.2013, holding that the appellant

         was entitled to get a sum of Rs. 11,70,990/- only instead of his

         total back wages and other consequential benefits. The Labour

         Court further directed the Corporation to pay the said amount to

         the appellant within three months from the date of the order,

         failing which the Corporation would be liable to pay interest at

         the rate of 6% per annum, on the aforesaid amount.

                      8. It is the further case of the Corporation that the

         learned Labour Court has granted the relief without proper

         application of judicial mind and without considering the

         principle of “No Work, No Pay”, as well as the fact that the

         appellant had been engaged in other employment during the idle

         period.

                      9. Notice was issued to the appellant in the writ

         petition, and in response thereto, he filed the counter affidavit

         contending, inter alia, that the writ petition had been instituted

         only with a view to harass him. It is further stated that the order

         dated 19.06.2013 passed by the learned Labour Court in Misc.

         Case No. 02 of 2008 suffers from neither any legal infirmity nor
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         any perversity. It was further highlighted that seven years had

         elapsed and he was not paid a single pie towards the back wages

         and consequential benefits and he had retired from his service

         and desperately needed financial assistance, but the Corporation

         had frustrated his legitimate claim.

                      10. Another supplementary counter affidavit was also

         filed on behalf of the appellant, to which the petitioner-

         Corporation subsequently filed a rejoinder to the counter

         affidavit.

                               C.W.J.C. No. 17753 of 2018

                      11. So far as the appellant is concerned, he filed

         C.W.J.C. No. 17753 of 2018 seeking for quashing the order

         dated 18.04.2018 passed by the Certificate Officer in Certificate

         Case No. 699 of 2014–15, whereby and whereunder the

         Certificate Officer recalled the warrant issued against the

         certificate debtor, inter alia, with other prayers.

                      12. The case of the appellant in his writ petition is that

         the order of dismissal dated 19.09.1978 passed against him was

         set aside by the learned Labour Court vide award dated

         14.11.2006, and the management was directed to reinstate him

         in service with full back wages and other consequential benefits.

         Pursuant thereto, the appellant was reinstated in service;

         however, the back wages and consequential benefits were not
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         paid to him despite making several requests and representations,

         leaving him with no option, but to file an application under

         section 33C(2) of the I.D. Act, 1947 before the learned

         Presiding Officer, Labour Court, Patna in Misc. Case No. 02 of

         2008, claiming back wages and other consequential benefits for

         the period from 19.09.1978 to 30.12.2007. The said case was

         finally decided on 19.06.2013, whereby it was held that the

         appellant was entitled to receive a sum of Rs. 11,70,990/-

         instead of total back wages and other consequential benefits for

         the idle period, payable by the management in terms of the

         award. Accordingly, the management was directed to pay a sum

         of Rs. 11,70,990/- to the appellant within three months from the

         date of passing the order, in default of which the management

         was to pay interest at the rate of 6% per annum, on the aforesaid

         amount.

                      13. It is further the case of the appellant in his writ

         petition that, upon his representation before the Deputy Labour

         Commissioner, Patna Division, Patna; the Deputy Labour

         Commissioner, vide order dated 12.12.2014, directed the

         District Certificate Officer, Patna, to take appropriate steps for

         recovery of the due amount. Accordingly, Certificate Case No.

         699 of 2014–15 was initiated. Notices were issued to the

         certificate debtor, and thereafter warrants, along with orders of
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         attachment, were issued on several occasions.

                      14. It is further the case of the appellant that, on

         18.04.2018, a letter was issued by the Divisional Manager of the

         Corporation to the Certificate Officer, Patna requesting to recall

         the warrant order, and basing on such request letter, the warrant

         order was illegally recalled without any payment having been

         made by the certificate debtor to the appellant.

                      15. It is the case of the appellant that the Certificate

         Officer has got no jurisdiction to recall or review its own order

         unless and until payment was made by the certificate debtor, and

         therefore, such order is not sustainable in the eyes of law.

                      16. In the writ petition filed by the appellant, notice

         was issued to the respondents. Counter affidavit was filed on

         behalf of respondent no. 1 and rejoinder to the said counter

         affidavit was also filed by the appellant.

                            Operative part of the impugned order

                      17. The learned Single Judge after hearing both the

         writ petitions analogously, in the impugned common order dated

         23.06.2025, has been pleased to hold as follows:

                                           “24. In this case also the
                                  respondent BSRTC has taken a plea that
                                  Labour Court granted reinstatement with
                                  full back wages and consequential
                                  benefits without applying judicial mind,
                                  disregarding the principle of "no work, no
                                  wage" and failing to consider the
                                  possibility of alternative employment
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                                  during the period of dismissal. As such,
                                  the impugned order is liable to be set
                                  aside.
                                            25. The employee Siya Singh
                                  respondent No. 3/ petitioner of CWJC No.
                                  17753 of 2018 has not shown that he was
                                  sitting idle for so many years. Further he
                                  has not raised his grievance for the same
                                  so there is no merit in the case of
                                  petitioner of CWJC No. 17753 of 2018.
                                            26. In view of the above ratio,
                                  CWJC No. 2592 of 2014 is allowed.
                                            27. Similarly, CWJC No. 17753
                                  of 2018 is dismissed as devoid of merits.”

                               Contentions of the Parties

                      18. It is the contention of the learned Counsel for the

         appellant that the impugned order suffers from perversity,

         inasmuch as, the order dated 19.06.2013 passed by the learned

         Presiding Officer, Labour Court, Patna in Misc. Case No. 02 of

         2008 under section 33C(2) of the I.D. Act, 1947, holding that

         the appellant is entitled to get an amount of Rs. 11,70,990/-

         towards back wages, is quite justified. It is further argued that

         the award dated 14.11.2006 passed by the learned Presiding

         Officer, Labour Court, Patna in Reference Case No. 24 of 1995,

         wherein not only the order of dismissal of the appellant was set

         aside and he was directed to be reinstated, but the Corporation

         was also directed to pay full back wages and other consequential

         benefits to the appellant and the said award has remained

         unchallenged and therefore, it was not proper on the part of the
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         learned Single Judge to entertain the prayer, which has been

         made by the Corporation for quashing the order dated

         19.06.2013 passed by the Labour Court in Misc. Case No. 02 of

         2008.

                      It is further argued that the dismissal of the writ

         petition filed by the appellant is quite unjustified, inasmuch as,

         when the warrant has been issued in Certificate Case No. 699 of

         2014–15 by the Certificate Officer, and the amount payable to

         the appellant in terms of the order passed by the Labour Court

         had not been paid, the Certificate Officer should not have passed

         a recall order of the warrant and that too on a request letter

         issued by the Divisional Manager of the Corporation and as

         such, the impugned order is liable to be set aside.

                      19. On the other hand, the learned Counsel appearing

         for the Corporation highlighted that at the time of joining, after

         the award was passed by the learned Labour Court, the

         petitioner had foregone his back wages, and therefore, he could

         not have approached the Labour Court claiming his back wages

         and other consequential service benefits under section 33C(2) of

         the I.D. Act, 1947, even if the Presiding Officer, Labour Court,

         Patna in Reference Case No. 24 of 1995 vide award dated

         14.11.2006 has passed such order.

                      It is further argued that since the Corporation was
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         running in a financial loss and was not able to pay the back

         wages of the employees, taking into account the condition of the

         Corporation, the appellant had foregone the claim of back wages

         and therefore, the impugned order passed by the learned Single

         Judge is quite justified.

                      It is also urged that vide Order No. 819 dated

         28.12.2007, whereby the appellant-worker was reinstated, it was

         made clear that the period in which the petitioner remained

         outside, shall not be treated as break of service. However, he shall

         not be entitled to any back wages for such period and in terms of

         such order, the petitioner had submitted his joining report.

                                         Discussions

                      20. Adverting to the contentions raised, when we

         made a pertinent query to the learned Counsel appearing for the

         Corporation to show us any document wherein the appellant had

         foregone his back wages and consequential service benefit at the

         time of submission of joining report, he could not produce any

         document.

                      21. The contention of the learned counsel for the

         Corporation invoking the principle “No Work, No Pay” and

         alleging alternative employment, is not in consonance with the

         settled legal position enunciated by the Hon’ble Supreme Court

         that full back wages is the normal rule upon reinstatement
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         consequent to illegal dismissal. Moreover, there is no material

         that the appellant was gainfully employed after his dismissal till

         he was reinstated.

                      In the case of Hindustan Tin Works Pvt. Ltd. -Vrs.-

         Employees of M/s. Hindustan Tin Works Pvt. Ltd. & Ors.,

         reported in (1979) 2 Supreme Court Cases 80, it is held as

         follows:-

                                              “11. In the very nature of
                                  things there cannot be a strait-jacket
                                  formula for awarding relief of back wages.
                                  All relevant considerations will enter the
                                  verdict. More or less, it would be a motion
                                  addressed to the discretion of the
                                  Tribunal. Full back wages would be the
                                  normal rule and the party objecting to it
                                  must     establish    the    circumstances
                                  necessitating departure. At that stage the
                                  Tribunal will exercise its discretion
                                  keeping in view all the relevant
                                  circumstances. But the discretion must be
                                  exercised in a judicial and judicious
                                  manner. The reason for exercising
                                  discretion must be cogent and convincing
                                  and must appear on the face of the record.
                                  When it is said that something is to be
                                  done within the discretion of the authority,
                                  that something is to be done according to
                                  the Rules of reason and justice, according
                                  to law and not humour. It is not to be
                                  arbitrary, vague and fanciful but legal and
                                  regular (see Susannah Sharp v. Wakefield
                                  [(1891) AC 173, 179] ).”

                      In the case of Deepali Gundu Surwase -Vrs.- Kranti

         Junior Adhyapak Mahavidyalaya (D.ED.) & Ors., reported in

         (2013) 10 Supreme Court Cases 324, it is stated as follows:-
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                                              “22. The very idea of restoring
                                  an employee to the position which he held
                                  before dismissal or removal or
                                  termination of service implies that the
                                  employee will be put in the same position
                                  in which he would have been but for the
                                  illegal action taken by the employer. The
                                  injury suffered by a person, who is
                                  dismissed or removed or is otherwise
                                  terminated from service cannot easily be
                                  measured in terms of money. With the
                                  passing of an order which has the effect
                                  of severing the employer-employee
                                  relationship, the latter's source of income
                                  gets dried up. Not only the employee
                                  concerned, but his entire family suffers
                                  grave adversities. They are deprived of
                                  the source of sustenance. The children are
                                  deprived of nutritious food and all
                                  opportunities      of     education     and
                                  advancement in life. At times, the family
                                  has to borrow from the relatives and
                                  other acquaintance to avoid starvation.
                                  These sufferings continue till the
                                  competent adjudicatory forum decides on
                                  the legality of the action taken by the
                                  employer. The reinstatement of such an
                                  employee, which is preceded by a finding
                                  of the competent judicial/quasi-judicial
                                  body or court that the action taken by the
                                  employer is ultra vires the relevant
                                  statutory provisions or the principles of
                                  natural justice, entitles the employee to
                                  claim full back wages. If the employer
                                  wants to deny back wages to the
                                  employee or contest his entitlement to get
                                  consequential benefits, then it is for
                                  him/her to specifically plead and prove
                                  that during the intervening period the
                                  employee was gainfully employed and
                                  was getting the same emoluments. The
                                  denial of back wages to an employee, who
                                  has suffered due to an illegal act of the
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                                  employer would amount to indirectly
                                  punishing the employee concerned and
                                  rewarding the employer by relieving him
                                  of the obligation to pay back wages
                                  including the emoluments.
                                               x            x               x
                                               38. The propositions which can
                                  be culled out from the aforementioned
                                  judgments are:
                                               38.1. In cases of wrongful
                                  termination of service, reinstatement with
                                  continuity of service and back wages is
                                  the normal rule.
                                                 x            x          x
                                               38.6. In a number of cases, the
                                  superior courts have interfered with the
                                  award of the primary adjudicatory
                                  authority on the premise that finalisation
                                  of litigation has taken long time ignoring
                                  that in majority of cases the parties are
                                  not responsible for such delays. Lack of
                                  infrastructure and manpower is the
                                  principal cause for delay in the disposal
                                  of cases. For this the litigants cannot be
                                  blamed or penalised. It would amount to
                                  grave injustice to an employee or
                                  workman if he is denied back wages
                                  simply because there is long lapse of time
                                  between the termination of his service
                                  and finality given to the order of
                                  reinstatement. The courts should bear in
                                  mind that in most of these cases, the
                                  employer is in an advantageous position
                                  vis-à-vis the employee or workman. He
                                  can avail the services of best legal brain
                                  for prolonging the agony of the sufferer
                                  i.e. the employee or workman, who can
                                  ill-afford the luxury of spending money on
                                  a lawyer with certain amount of fame.
                                  Therefore, in such cases it would be
                                  prudent to adopt the course suggested in
                                  Hindustan Tin Works (P) Ltd. v.
                                  Employees [Hindustan Tin Works (P) Ltd.
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                                  v. Employees, (1979) 2 SCC 80 : 1979
                                  SCC (L&S) 53] .”

         Scope of jurisdiction of Labour Court under section 33C(2)
         of I.D. Act, 1947

                      22. Section 33C(2) proceedings are analogous to

         execution proceedings and a Labour Court called upon to

         compute benefits claimed by a workman is in the position of an

         executing Court and as such competent to interpret an award

         where there is a dispute as to the rights thereunder or as to its

         correct interpretation. Obviously, if the award is unambiguous,

         the Labour Court is bound to enforce it, and under the guise of

         interpreting, it cannot make a new award by adding to or

         subtracting anything therefrom. Although it cannot go behind

         the award, it is nevertheless competent to construe the award

         where it is ambiguous and is also competent to ascertain its

         precise meaning, for, unless that is done, it cannot enforce the

         award when it is called upon to do so by an application under

         section 33C.

                      23. There is no dispute that the award dated

         14.11.2006 passed by the learned Presiding Officer, Labour

         Court in Reference Case No. 24 of 1995 in directing

         reinstatement of the appellant with full back wages and other

         consequential benefits was never challenged before the High

         Court by the Corporation in C.W.J.C. No. 2592 of 2014 and
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         what was challenged was the order dated 19.06.2013 passed by

         the Labour Court in Misc. Case No.02 of 2008 under section

         33C(2) of the I.D. Act. In the absence of any challenge to the

         foundational award, the learned Single Judge could not have

         granted relief that would have the effect of nullifying that

         unchallenged award.

                      The ratio laid down in the case of Bharat Amratlal

         Kothari & Anr. -Vrs.- Dosukhan Samadkhan Sindhi & Ors.,

         reported in (2010) 1 Supreme Court Cases 234 is squarely

         applicable, wherein it is held as follows :-

                                              “29. The approach of the High
                                  Court in granting relief not prayed for
                                  cannot be approved by this Court. Every
                                  petition under Article 226 of the
                                  Constitution must contain a relief clause.
                                  Whenever the petitioner is entitled to or is
                                  claiming more than one relief, he must
                                  pray for all the reliefs. Under the
                                  provisions of the Code of Civil Procedure,
                                  1908, if the plaintiff omits, except with the
                                  leave of the court, to sue for any
                                  particular relief which he is entitled to get,
                                  he will not afterwards be allowed to sue in
                                  respect of the portion so omitted or
                                  relinquished.
                                              30. Though the provisions of
                                  the Code are not made applicable to the
                                  proceedings under Article 226 of the
                                  Constitution, the general principles made
                                  in the Civil Procedure Code will apply
                                  even to writ petitions. It is, therefore,
                                  incumbent on the petitioner to claim all
                                  reliefs he seeks from the court. Normally,
                                  the court will grant only those reliefs
                                  specifically prayed for by the petitioner.
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                                  Though the court has very wide discretion
                                  in granting relief, the court, however,
                                  cannot, ignoring and keeping aside the
                                  norms and principles governing grant of
                                  relief, grant a relief not even prayed for by
                                  the petitioner.”

                      In the case of Ranbir Singh -Vrs.- Executive

         Engineer, reported in (2011) 15 Supreme Court Cases 453, it is

         observed as follows:-

                                              “5. Before us today, the
                                  learned counsel for the appellant has
                                  argued that in the writ petition filed by
                                  the respondent State challenging the
                                  award of the Labour Court, the only plea
                                  was against the grant of back wages and
                                  nothing more. In support of this
                                  submission, the learned counsel has
                                  drawn our attention to the writ petition
                                  which has been appended with the paper
                                  book.
                                              6. We find that the assertion of
                                  the learned counsel is correct. We are,
                                  therefore, of the opinion that the order of
                                  the Single Judge as well as of the
                                  Division Bench of the High Court was
                                  well beyond the scope of the prayers in
                                  the writ petition. If the State felt
                                  aggrieved by the award of the Labour
                                  Court in toto there was no impediment in
                                  its way to challenge it in its entirety. We
                                  feel that a party must be held to be bound
                                  by its pleadings; a prayer clause cannot
                                  be construed or dubbed as a technicality.
                                  We are, therefore, of the opinion that the
                                  appeal deserves to succeed.”

                      24. The statutory rigidity in execution is consistent

         with the nature of underlying debt, which stems from the
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         computation under Section 33C(2) of the I.D. Act, 1947 as held

         by the Hon’ble Supreme Court in State of U.P. & Anr. -Vrs.-

         Brijpal Singh reported in (2005) 8 Supreme Court Cases 58 as

         follows:-

                                             “10. It is well settled that the
                                  workman can proceed under Section
                                  33C(2) only after the Tribunal has
                                  adjudicated on a complaint under Section
                                  33-A or on a reference under Section 10
                                  that the order of discharge or dismissal
                                  was not justified and has set aside that
                                  order and reinstated the workman. This
                                  Court in the case of Punjab Beverages
                                  (P) Ltd. v. Suresh Chand [(1978) 2 SCC
                                  144 : 1978 SCC (L&S) 165] held that a
                                  proceeding under Section 33C(2) is a
                                  proceeding in the nature of execution
                                  proceeding in which the Labour Court
                                  calculates the amount of money due to a
                                  workman from the employer, or, if the
                                  workman is entitled to any benefit which
                                  is capable of being computed in terms of
                                  money, proceeds to compute the benefit in
                                  terms of money. Proceeding further, this
                                  Court held that the right to the money
                                  which is sought to be calculated or to the
                                  benefit which is sought to be computed
                                  must be an existing one, that is to say,
                                  already adjudicated upon or provided for
                                  and must arise in the course of and in
                                  relation to the relationship between the
                                  industrial workman, and his employer.
                                  This Court further held as follows: (SCC
                                  p. 150, para 4)
                                             “It is not competent to the
                                  Labour Court exercising jurisdiction
                                  under Section 33C(2) to arrogate to itself
                                  the functions of an Industrial Tribunal
                                  and entertain a claim which is not based
                                  on an existing right but which may
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                                  appropriately be made the subject-matter
                                  of an industrial dispute in a reference
                                  under Section 10 of the Act.”

                      In the case of Central Bank of India Ltd. –Vrs.- P.S.

         Rajagopalan reported in A.I.R. 1964 S.C. 743, it is held that the

         power of the Labour Court in a proceeding under section 33C(2)

         is akin to that of an ‘Executing Court’ and the Labour Court is

         competent to interpret the award or settlement on which a

         workman bases his claim under section 33C(2), like the power

         of an Executing Court to interpret the decree for the purpose of

         execution. The decision clearly establishes the fact that the

         Labour Court’s power under section 33C(2) extends to

         interpretation of the award or settlement on which the

         workman’s right rests, like the Executing Court’s power to

         interpret the decree for the purpose of execution, where the

         basis of the claim is referable to the award or settlement.

                      Thus, the proceedings under section 33C(2) are

         analogous to execution proceedings and the Labour Court is

         called upon to compute in terms of money, the benefit claimed

         by a workman in such cases.

                      Therefore,        when          the   award   had   remained

         unchallenged, the interference with the executing order passed

         by the learned Labour Court is not justified.

                      25. The learned counsel for the appellant is also
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         justified in making a submission that when the Certificate

         Officer issued the warrant against the certificate debtor in the

         Certificate Case No. 699 of 2014–15, on the basis of a request

         letter issued by the concerned officer, the Certificate Officer

         should not have recalled the warrant against the certificate

         debtor particularly when no payment had been made.

                      The Recovery Officer holds significant quasi-judicial

         powers, especially in adjudicating disputes related to attachment

         and recovery of dues. The responsibilities carried by the

         Recovery Officer have its impact on both the recovery process

         and on the rights of individuals. The actions of the Recovery

         Officer are governed strictly by legislative codes designed to

         ensure transparency and fairness.

                      We are of the humble view that the recall order passed

         by the Certificate Officer is diametrically opposed to the

         mandate of section 38 of The Bihar & Orissa Public Demands

         Recovery Act, 1914, which deals with the power of arrest and

         detention by the Certificate Officer for recovery of money. The

         aforesaid section reads as follows:-

                                               “38. Power of arrest and
                                  detention.
                                             - A certificate-debtor, may be
                                  arrested in execution of a certificate at
                                  any hour and on any day, except as
                                  provided in Section 56, and when so
                                  arrested, shall as soon as practicable, be
                                  brought before the Certificate Officer;
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                                  and his detention may be in the civil
                                  prison of the district in which the
                                  Certificate Officer ordering the detention
                                  exercises jurisdiction or, where such civil
                                  prison does not afford suitable
                                  accommodation in any other place which
                                  the State Government may appoint for the
                                  detention of persons ordered by the Civil
                                  Courts of such district to be detained:
                                             Provided that, if the amount
                                  entered in the warrant of arrest as due
                                  under the certificate, and the costs of the
                                  arrest, have been paid either to the
                                  Certificate Officer or to the officer
                                  arresting the certificate-debtor, such
                                  officer shall at once release him.”

                      By recalling the warrant without the satisfaction of the

         debt, the Certificate Officer acted ultra vires his statutory

         powers, effectively granting ‘administrative mercy’ to the

         detriment of a decree-holder where the legislative intent

         commands strict execution.

                      26. The liability of any employer towards its

         workmen arises from the very nature of the employment

         relationship and cannot be shaken off by the employer through

         make-believe arrangement, or claims of financial hardship.

                      The Hon’ble Supreme Court observed in a landmark

         decision in the case of Hussainbhai, Calicut -Vrs.- The Alath

         Factory Thezhilali Union, Kozhikode & Ors., reported in

         (1978) 4 Supreme Court Cases 257 as follows:-

                                           “6. If the livelihood of the
                                  workmen substantially depends on labour
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                                  rendered to produce goods and services
                                  for the benefit and satisfaction of an
                                  enterprise, the absence of direct
                                  relationship or the presence of dubious
                                  intermediaries or the make-believe
                                  trappings of detachment from the
                                  Management cannot snap the real life-
                                  bond. The story may vary but the
                                  inference defies ingenuity. The liability
                                  cannot be shaken off.”

                      Further in the case of Hombe Gowda Educational
         Trust & Anr. -Vrs.- State of Karnataka & Ors., reported in
         (2006) 1 Supreme Court Cases 430, it was held as follows:-

                                             “30. This Court has come a
                                  long way from its earlier viewpoints. The
                                  recent trend in the decisions of this Court
                                  seek to strike a balance between the
                                  earlier approach to the industrial relation
                                  wherein only the interest of the workmen
                                  was sought to be protected with the
                                  avowed object of fast industrial growth of
                                  the country. In several decisions of this
                                  Court, it has been noticed how discipline
                                  at the workplace/industrial undertakings
                                  received a setback. In view of the change
                                  in economic policy of the country, it may
                                  not now be proper to allow the employees
                                  to break the discipline with impunity. Our
                                  country is governed by rule of law. All
                                  actions, therefore, must be taken in
                                  accordance with law……”

                      27. Therefore, in our humble view, the impugned

         order passed by the learned Single Judge suffers from perversity

         and patent illegality and this Court in the Letters Patent Appeal

         has got ample jurisdiction to interfere with such an order,

         therefore, we feel it necessary to correct the errors committed by
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                      the learned Single Judge.

                                   Labour law is not merely an adjunct of the law of

                      contract; it is a charter of human rights at the workplace. The

                      Government cannot be permitted to play hide and seek with its

                      own employees. To deny a workman his lawful dues by juggling

                      with procedural niceties is to negate the very rule of law.

                                   28. In view of the foregoing discussions, we are of the

                      humble view that when the foundational award has not been

                      challenged before the learned Single Judge, the impugned order

                      disturbing the effect of such award, is not sustainable in the eyes

                      of law. Hence, the impugned order dated 23.06.2025 passed by

                      the learned Single Judge, is hereby set aside.

                                   The writ petition bearing C.W.J.C. No. 17753 of 2018

                      filed by the appellant Siya Singh is allowed and the writ petition

                      bearing C.W.J.C. No. 2592 of 2014 filed by the Corporation

                      stands dismissed.

                                   29. Both the Letters Patent Appeals stand allowed.


                                                             (Sangam Kumar Sahoo, CJ)



                                                                   (Harish Kumar, J)

shivank/-
AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          11.05.2026
Transmission Date       NA


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