Anjani Kumar, J. - (1.) The petitioner-employer aggrieved by the award of the Central Government Industrial Tribunal-cum-Labour Court, Kanpur Nagar, passed in L.C.A. No. 292 of 1996 filed by the respondent No. 2 workman under Section 33C (2) of the Industrial Disputes Act, which has been allowed by the respondent No. 1 vide its order dated 12th January, 1998 (Annexure-12 to the writ petition) in favour of workman, has approached this Court by means of this writ petition under Article 226 of the Constitution of India.
(2.) Heard learned counsel for the parties.
(3.) The facts leading to the filing of the present writ petition are that the respondent No. 2 workman filed an application purporting to be an application under Section 33C (2) of the Industrial Disputes Act, 1947 (Central) for computation of Rs. 42,450 as arrears of wages, which, according to the applicant, namely, workman concerned, had not been paid being the wages for the period in dispute. It is not disputed that the workman claimed wages for the period when the workman concerned was transferred from Agra to Gwalior where he did not join pursuant to the transfer order and preferred an Original Application No. 516 of 1995 before the Central Administrative Tribunal, Allahabad, wherein the relief claimed was the same, namely, wages with effect from 19th July, 1995 to 18th October, 1996, total comes to Rs. 42,450. During the pendency of this original application, there was an interim order and in pursuance whereof the workman, as the case set up, did not join at Gwalior. Ultimately, this original application was dismissed and during the pendency of the original application before the Central Administrative Tribunal, (for short CAT), Allahabad, the petitioner preferred a contempt petition which has also been dismissed, and thereafter the workman concerned has filed an application, as stated above, under Section 33C (2) of the Industrial Disputes Act, 1947 (Central), hereinafter referred to as the 'Act'. This application under Section 33C (2) of the Act has been allowed and the Presiding Officer of the Central Government Industrial Tribunal-cum-Labour Court, Kanpur, has directed for payment of a sum of Rs. 42,450.;