- (1.) Heard Sri V.R. Agrawal for the petitioner, Sri P.K. Sinha for Respondent No.3 and learned Standing Counsel for respondent Nos. 1 and 2.
(2.) The challenge raised in this petition is to the notice issued to the petitioner - company under Section 14-A of the U.P. Industrial Disputes Act, 1947. For ready reference, the said section is quoted herein below:- "14-A. Penalty for breach of term of award.-- Any person who commits a breach of any term of any settlement or award, which is binding on him under this act, shall be punishable with imprisonment for a term which may extend to six months or with fine, or with both, and where the breach is a continuing one, with further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first and the Court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid by way of compensation, to any person who, in its opinion has been injured by such breach."
(3.) The facts, which are not in dispute are that the workmen were laid off and the industry was closed. The Members of respondent No.3 - Union raised an industrial dispute and thereafter the matter was adjudicated. In the award pronounced on 31.3.2003 and published on 28.8.2003 (a copy of the award is Annexure-1 to the writ petition), two issues were framed namely whether the 26 workmen for whom the dispute had been raised are employees of the Company and if so whether they are entitled to the reliefs claimed by them. The second issue framed was as to whether the workmen are entitled to be declared as permanent workmen and if so from which date and with other details.;