DONGARGARH BIDIMAJDOOR SANGH MAROTI Vs. STATE INDUSTRIAL COURT M P INDORE:AMRITLAL ALIAS AMBOOTHAI
LAWS(SC)-1990-7-55
SUPREME COURT OF INDIA
Decided on July 13,1990

Dongargarh Bidimajdoor Sangh Maroti Appellant
VERSUS
State Industrial Court M P Indore:Amritlal Alias Amboothai Respondents

JUDGEMENT

- (1.) Special Leave No. 3968 of 1984 is granted.
(2.) These appeals are filed by a Union representing 37 workmen in whose favour an award had been made by the Labour court, M. P. as ear- ly as 1973 directing their reinstatement and payment of full wages during the period they were kept out of service. To this day they have neither been reinstated nor have they been paid the amounts due to them. It is true that 25 workmen had been paid wages due to them in the sum of Rs 74,330. 00 for the period from 1966 to 1973. For the subsequent period, they have not been paid anything by the management. The other 12 workmen have not been paid anything at all as per the award.
(3.) Having heard counsel on both sides and after perusing the records, we are convinced that, although the workmen have a legitimate right to approach the concerned authority under S. 33 (c) (2 of the industrial Disputes Act for realisation of the amounts due to them in terms of the award, it would be unjust and unfair to send them to that authority at this distance of time. The award ought to have been in all fairness honoured by the management within a reasonable time.;


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