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2026 DAILYLAW 8692 (RAJ)

MANAGING DIRECTOR v. MAHAVEER PRASAD SUMAN S/O SHRI BIHARI LAL SUMAN

SAW/477/2026 · 2026-05-27

Baljinder Singh Sandhu, Sanjeev Prakash Sharma

body2026

Judgment text

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[2026:RJ-JP:22580-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 529/2026 Managing Director, D.b. Corp Ltd. (Dainik Bhaskar), 10, J.l.n. Marg, Jaipur. ----Appellant Versus 1. Sanjay Gautam S/o Shri Late Mathuresh Sharma, F-2, Tirupati Balaji Complex, Panchwati, Udaipur. 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C-128- B, Nirman Nagar, Ajmer Road, Jaipur. ----Respondents D.B. Special Appeal Writ No. 546/2026 Managing Director, D.b. Corp Ltd. (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur ----Appellant Versus 1. Ghanshyam Jangid S/o Shri Ishwar Lal Jangid, C-263, Hans Marg, Malviya Nagar, Jaipur 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C- 128-B, Nirman Nagar, Ajmer Road, Jaipur ----Respondents D.B. Special Appeal Writ No. 548/2026 Managing Director, D.b. Cord Ltd. (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur. ----Appellant [2026:RJ-JP:22580-DB] (2 of 9) [SAW-529/2026] Versus 1. Dalip Kumar S/o Shri Sahabram Khileri, Plot No. 40, Radhanikunj First, Iskon Mandir Road, Mansarovar, Jaipur 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C- 128-B, Nirman Nagar, Ajmer Road, Jaipur. ----Respondents D.B. Special Appeal Writ No. 549/2026 Managing Director, D.b. Cord Ltd. (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur. ----Appellant Versus 1. Ritesh Gautam S/o Shri Sushil Mohan Sharma, 73/97, Paramhans Marg, Mansarovar, Jaipur. 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C- 128-B, Nirman Nagar, Ajmer Road, Jaipur. ----Respondents D.B. Special Appeal Writ No. 571/2026 Managing Director, D.b. Corp Ltd. (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur ----Appellant Versus 1. Vijay Kumawat S/o Shri Bhanwarlal Kumawat, Kumawat Colony, Hirnoda, Tehsil-Phulera, Jaipur 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of [2026:RJ-JP:22580-DB] (3 of 9) [SAW-529/2026] N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C- 128-B, Nirman Nagar, Ajmer Road, Jaipur ----Respondents D.B. Special Appeal Writ No. 424/2026 Managing Director, D.b. Corp Ltd. (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur ----Appellant Versus 1. Shilendra Kumar Upadhayay S/o Mangti Lal Upadhayay, 182, Banshipuri-First, Jagatpura, Jaipur. 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C- 128-B, Nirman Nagar, Ajmer Road, Jaipur. ----Respondents D.B. Special Appeal Writ No. 477/2026 Managing Director, D.b. Corp Ltd. (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur. ----Appellant Versus 1. Mahaveer Prasad Suman S/o Shri Bihari Lal Suman, House No. 886 Keshavpura, Sector-7 Kota. 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C- 128-B, Nirman Nagar, Ajmer Road, Jaipur. ----Respondents [2026:RJ-JP:22580-DB] (4 of 9) [SAW-529/2026] D.B. Special Appeal Writ No. 514/2026 Managing Director, D. B. Corp Ltd. (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur. ----Appellant Versus 1. Sunil Kumar Sharma S/o Shri Gopal Lal Sharma, Plot No. 10, Panchvati Colony, Kalwar Road, Jhotwara, Jaipur. 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C-128-B, Nirman Nagar, Ajmer Road, Jaipur. ----Respondents D.B. Special Appeal Writ No. 523/2026 Managing Director, D.b. Corp Ltd. (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur. ----Appellant Versus 1. Pradeep Kumawat S/o Shri Radheyshyam Kumawat, Plot No. 48, Gayatri Nagar, Sodala, Ajmer Road, Jaipur. 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, In Front Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner Nd Paden Joint Secretary (Labour) C- 128-B, Nirman Nagar, Ajmer Road, Jaipur. ----Respondents D.B. Special Appeal Writ No. 524/2026 Managing Director, D.b. Corp Ltd. (Dainik Bhaskar), 10, J.l.n. Marg, Jaipur. [2026:RJ-JP:22580-DB] (5 of 9) [SAW-529/2026] ----Appellant Versus 1. Rakesh Kumar Verma S/o Shri Satyanarayan Verma, 10 B, Sindhi Colony, Rajapark, Jaipur. 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C-128-B, Nirman Nagar, Ajmer Road, Jaipur. ----Respondents D.B. Special Appeal Writ No. 525/2026 Managing Director, D.b. Corp Ltd. (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur. ----Appellant Versus 1. Rukmanand Sharma S/o Shri Hajari Lal Sharma, 211, Patrakar Colony, Dhaulai, Mansarovar, Jaipur. 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, In Front Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner Nd Paden Joint Secretary (Labour) C- 128-B, Nirman Nagar, Ajmer Road, Jaipur. ----Respondents D.B. Special Appeal Writ No. 539/2026 Managing Director, D.b. Corp Ltd. (Dainik Bhaskar), 10, J.l.n. Marg, Jaipur. ----Appellant Versus 1. Mridul Sharma S/o Shri Shrikant Manjul, 438, Patrakar Colony, Mansarovar, Jaipur 2. Additional Labour Commissioner And Paden Joint [2026:RJ-JP:22580-DB] (6 of 9) [SAW-529/2026] Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C-128-B, Nirman Nagar, Ajmer Road, Jaipur ----Respondents D.B. Special Appeal Writ No. 544/2026 Managing Director D.b. Corp Ltd, . (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur ----Appellant Versus 1. Hemant Kumar Patwa S/o Shri Kishan Patwa, Ward No. 12, Near Durbalnath Mandir Bandikui, Dausa 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C-128-B, Nirman Nagar, Ajmer Road, Jaipur ----Respondents D.B. Special Appeal Writ No. 526/2026 Managing Director, D. B. Corp Ltd. (Dainik Bhaskar) 10, J.l.n. Marg, Jaipur. ----Appellant Versus 1. Jagdish Prasad Sharma S/o Shri Heera Lal Sharma, Plot No. 3, Baldev Bada Nagar, Gandhi Nagar West, 200 Ft Byepass, Lalarpura, Jaipur. 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C-128-B, Nirman Nagar, Ajmer Road, Jaipur. [2026:RJ-JP:22580-DB] (7 of 9) [SAW-529/2026] ----Respondents D.B. Special Appeal Writ No. 538/2026 Managing Director, D.b. Corp Ltd. (Dainik Bhaskar), 10, J.l.n. Marg, Jaipur ----Appellant Versus 1. Virendra Singh Rajput S/o Shri Kishan Singh, 85/731-32, Pratap Nagar, Sanganer, Jaipur 2. Additional Labour Commissioner And Paden Joint Secretary, Labour Department, Rajasthan, Infront Of N.b.c., Shanti Nagar, Hasanpura, Jaipur. 3. Shri Patanjali Bhoo, Retired Additional Labour Commissioner And Paden Joint Secretary (Labour) C-128-B, Nirman Nagar, Ajmer Road, Jaipur ----Respondents For Appellant(s) : Mr. K.K. Sharma, Sr. Advocate with Mr. Nitish Kumar Bagri For Respondent(s) : Mr. Dharmendra Jain Mr. Arvind Kumar Arora. Mr. Mukesh Kumar Meena. HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU (THROUGH V.C.) Order 27/05/2026 Delay in filing the Special Appeals (Writ) No.529/2026, 546/2026, 548/2026, 549/2026, 571/2026 & 526/2026 are condoned and the applications under Section 5 of the Limitation Act are allowed. Defect pointed out by the office in Special Appeal (Writ) No.538/2026 is waived. [2026:RJ-JP:22580-DB] (8 of 9) [SAW-529/2026] 2. One of the contentions raised by learned senior counsel appearing for the appellants is that since the award cannot grant back wages, there was no occasion for the labour Court to allow the application moved under Section 33(c)(2) of the Industrial Disputes Act, 1947 (for short ‘the Act’). 3. We find that the order passed by the labour Court on application moved under Section 33(c)(2) of the Act has not been challenged by the appellants as the impugned order has been passed by the learned Single Judge on an application moved by the concerned workmen demanding for the computation of the amount for which the Court has directed the Labour Commissioner to do the needful by treating the application as registered under Section 33(c)(1) of the Act. 4. Learned counsel submits that the Labour Court is required to decide the application under Section 33(c)(2) of the Act and to calculate the amount which is required to be paid and the same could not have been left for the Labour Commissioner to decide. 5. Learned counsel appearing for the respondent fairly submits that he would be satisfied if the Labour Court is directed to decide the amount required to be paid and for that purpose the matter may be remanded back to the concerned Labour Court for passing orders afresh within a stipulated period. 6. We have considered the submissions. 7. The core issue raised by the appellants is found to be without basis as they have not challenged the order passed by the labour Court under Section 33(c)(2) of the Act. 8. While dictating the order, learned Senior Counsel has stated that the appellants are in the process of filing the writ petitions [2026:RJ-JP:22580-DB] (9 of 9) [SAW-529/2026] against the order passed by the Labour Court. We need not comment on the said aspect and the concerned Court would examine the same as and when it is listed. However, as on today, the challenge is to the order dated 05.01.2026, which has been passed by the learned Single Judge at the instance of the writ petition filed by the workmen. 9. It is true that under Section 33(c)(2) of the Act the amount is computed by the labour Court and thus the direction of the learned Single Judge to the Labour Commissioner for the computation of the amount is erroneous. We modify the order passed by the learned Single Judge to that extent and direct the concerned labour Court to pass appropriate orders computing the amount for the period as ascertained by it in favour of workmen under Section 33(c)(2) of the Act. For this purpose, we allow the Labour Court one month’s time to do the needful. 10. At this stage, learned Senior counsel appearing for the appellants submits that the appellants may be allowed to raise objections, we are afraid that we cannot give such permission to the appellants as the aspect regarding computation of the amount is on the basis of the order, which has already been passed allowing the application moved under Section 33(c)(2) of the Act. 11. The appeals are accordingly dismissed with the observations as above. All pending applications also stand disposed of. 12. A copy of this order be placed in all these files. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACJ a.asopa/-