Vineet Saran, J. - (1.) This writ petition is directed against the order dated 23.9.1993 of the Deputy Labour Commissioner, Agra, passed under Section 6H (1) of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) directing the Collector, Mathura to recover a sum of Rs. 4,52,994.58p. from the petitioners, U.P. State Electricity Board (hereinafter referred to as the U.P.S.E.B.
(2.) The brief facts of the case are that respondent Nos. 2 to 8 were employed on muster roll in Electricity Distribution Division. Mathura. Their services were dispensed with on 3.4.1976. A dispute was raised under Section 4K of the Act by the said respondents as to whether the U.P.S.E.B. was justified in terminating the services of the workers (respondent Nos. 2 to 8) on 3,4.1976 and as to what relief, if any, were the workers are entitled to. Vide its order dated 10.11.1979 the Industrial Tribunal III, Kanpur, dismissed the case and held that the termination of the workers was valid. Against such award of the Industrial Tribunal, respondent Nos. 2 to 8 filed Civil Misc. Writ Petition No. 3876 of 1980 before this Court, which was allowed on 28.4.1988. The operative portion of the judgment is quoted below ; "In the result, therefore, 8 petitioners who are represented by the Sangh in this petition, are entitled to be reinstated with full back wages. The petitioners will also be entitled to their cost. The petition is accordingly allowed and the award dated 10.11.1979 is quashed and set aside."
(3.) Against the said judgment of the High Court, the Supreme Court dismissed the Special Leave Petition of the U.P.S.E.B. on 9.11.1989. The respondent Nos. 2 to 8 were thus, reinstated in service. The said respondents then filed an application in 1989 under Section 6H (1) of the Act for recovery of back wages including ex-gratia payment, etc. The Deputy Labour Commissioner, Agra, vide his order dated 11.4.1990 allowed the applications of the respondents in toto and directed that the sum of Rs. 12,24,403.16p. as claimed, be recovered from U.P.S.E.B. Against the aforesaid order of the Deputy Labour Commissioner, the petitioners filed eight writ petitions Bearing Nos. 10984 to 10991 of 1990, which were dismissed by this Court on 29.5.1990. After dismissal of the writ petitions, the U.P.S.E.B. deposited the sum of Rs. 12,24,403.16p. with the Collector, Mathura by Cheque No. 010136 dated 7.5.1991, which amount was disbursed to respondent Nos. 2 to 8 by the Deputy Labour Commissioner, Agra. According to the petitioners, the judgment of the High Court in Civil Misc. Writ Petition No. 3876 of 1980 was thus, fully complied with as the entire amount as claimed by their applications filed in the year 1989 had been paid to the respondent Nos. 2 to 8.;