- (1.) Heard learned Counsel for the parties.
(2.) This writ petition is directed against judgment and order dated 27.06.1997 passed by Presiding Officer Labour (V) Kanpur in Misc. case No. 32 of 1992 Ram Raj and Ram Din under Section 33C(2) of Industrial Disputes Act. The case of the workmen Ram Raj and Ram Deen Respondent Nos. 2 and 3 was that services of several workmen including the applicants were terminated by the Petitioner on 31.12.1969 regarding which Industrial Dispute was raised (Adjudication case No. 106 of 1970). The reference was decided in favour of the workmen on 31.07.1975 against which a writ petition was filed in this Court being writ petition No. 1403 of 1976 in which an interim order was passed on 2 20.05.1976 staying operation of the award challenged therein. Thereafter on 20.01.1983 writ petition was dismissed on the ground that Petitioner employer had stated that all the 13 workmen had accepted monetary benefit/compensation in lieu of the benefits under the award. The names of Respondent Nos. 2 and 3 were at serial Nos. 2 and 3. Respondent No. 2 and 3 had earlier filed two cases under Section 33C of Industrial Disputes Act (R.D. Case No. 97/90 and 98/99) which were dismissed on 08.10.1991 on the ground that first there must be computation. Thereafter, they filed the case under Section 33C(2) which was decided by the impugned order through which, labour Court allowed their application and directed that an amount of Rs. 53135.66 shall be paid to each of the applicants/contesting Respondents in this writ petition. According to the impugned judgment and order this was the amount payable to each applicant from 01.01.1970 to 31.12.1989.
(3.) In this writ petition an interim order was passed on 27.08.1997 to the effect that "Meanwhile the award passed by the labour court shall remain in abeyance provided that the amount awarded would be deposited by the Petitioner with the registrar of this Court within a month. Thereafter, there is an endorsement on the backside of page 1 of the writ petition that an amount of Rs. 106272/- was deposited with the registrar on 25.09.1997.;