- (1.)Heard Mr. Abhay Shankar Singh, learned counsel appearing on behalf of the petitioners and Mr. Anant Kumar, Assisting Counsel to AAG-2 learned counsel appearing on behalf of the State.
(2.)It is now more than 21 years since relief was provided to the petitioners by the Labour Court. Facts of the case briefly stated is that an award was passed by the Labour Court in favour of the petitioners on 12.2.1990. The writ preferred by the respondents challenging the award was dismissed on 8.2.1991 vide order passed in C.W.J.C. No. 5450 of 1990. This was followed by filing of a miscellaneous case by the workmen-petitioners herein under Section 33C(2) of the Industrial Disputes Act, 1947 for non-compliance of the award bearing Misc. No. 9 of 1991 which subsequently was re-numbered as Misc. Case No. 5 of 1994 after the transfer of the case to Begusarai. The Labour Court after taking into consideration the part payment received by the petitioners, vide order dated 4.12.2006 directed for payment of a further amount of Rs. 47,059/- to each of the workmen.
(3.)In between, an undertaking was also given on behalf of the State in C.W.J.C. No. 13653 of 2000 when on 16.3.2003, a statement was made that the respondents were duty bound to comply the award. Yet it is only today that a second supplementary counter affidavit has been filed by one Kaushlendra Prasad, Executive Engineer, Flood Control Board, Samastipur informing this Court that the legal representative of the workmen, who are petitioners herein, have been paid their dues in the light of the award dated 12.2.1990 in compliance of the directions dated 4.12.2006 passed by the Labour Court, Begusarai in Misc. Case No. 5 of 1994.