- (1.) Leave granted.
(2.) This appeal is directed against the judgment and final order dated 26.07.2006 passed by the High Court of Uttaranchal at Nainital in Writ Petition (M/S) No.820 of 2005 whereby the High Court dismissed the same affirming the award of the Labour Court.
(3.) Brief facts: The respondent was engaged by the appellant Horticulture Department as daily wager on 07.09.1987 and thereafter when the work was available he was engaged from time to time. However, he did not work for 240 days in any calendar year. He did not work as daily wager w.e.f. 09.7.1992 of his own. In 2001, the respondent after about nine years, raised an industrial dispute, which was referred to the Labour Court, Dehradun and was registered as Adjudication Case No. 45 of 2001. On 23.07.2001, the Labour Court directed the department to reinstate the respondent and to pay him Rs.5000/- by way of back wages and Rs.1000/- by way of expenses of the case. In pursuance of the aforesaid award, Rs. 6000/- was deposited and the respondent was asked to work as daily wager in Government Fruit Preservation Centre, Pauri under the Department of Horticulture & Food Processing, Pauri by letter dated 24.09.2002. However, the respondent neither joined in the said Department for quite a long period of one month nor gave any reply to the said letter. Instead of joining the work, the respondent approached the Assistant Labour Commissioner by filing a petition under the Industrial Disputes Act, 1947 and lodged a claim of Rs.92,842/- on the ground that he has not been provided the work and as such he is entitled to the salary w.e.f. February 2002 to January, 2005. In the said petition, an objection was filed by the appellant stating therein that the respondent himself is guilty of disobedience and he himself did not come to join the place of work despite the letter dated 24.09.2002. The Assistant Labour Commissioner, Garhwal Mandal, Dehradun vide order dated 1.10.2003 directed the appellant to send one more letter to the respondent by registered post calling upon him to join the place of work. In compliance of the order, a letter was sent to the respondent on 08.10.2003. On 31.12.2004, the Assistant Labour Commissioner himself advised the respondent to join the work. Instead of joining the work, the respondent filed his rejoinder stating therein that the employer has provided the work at Pauri deliberately with a view to harass him. On 27.05.2005, the Assistant Labour Commissioner, Garhwal Mandal, Dehradun directed the appellant to pay Rs.92,842/- to the respondent holding that the appellant ought to have reinstated the respondent at the same place where he was earlier working and from where his services were terminated and holding that the respondent has been asked to work at Pauri to nullify the award passed by the Labour Court. Aggrieved by the said order, the appellants filed Civil Writ Petition (M/S) No. 820 of 2005 in the High Court of Uttaranchal at Nainital and the same was dismissed on 26.07.2006. Against the aforesaid order, the appellants preferred this appeal by way of special leave. ;