RAKESH TIWARI,J. - (1.) HEARD Counsel for the parties and perused the record.
(2.) THIS writ petition has been filed by the Ramala Sahkari Chini Mills Ltd., Meerut for quashing the recovery Certificate/Order dated 3.4. 1991 (Annexure 5 to the writ petition) issued by the Deputy Labour Commissioner (respondent No. 1) on the ground that proceedings for calculation and settlement of accounts are still pending. Briefly stated the facts of the case are that Shri Omvir Singh Malik (respondents No. 2) claimed Clerical Grade-I in the establishment of the Mills w.e.f. 1.2.1985. The alleged dispute with regard to the claim of Clerical Grade-I was referred to the Industrial Tribunal-V at Meerut by the State Government under Section 4-K of the U.P. Industrial Disputes Act, 1947.
(3.) THE Labour Court by its award dated 12.11.1990 given in Adjudication Case No. 16/86 held that respondent No. 2 Shri Omvir Singh -Malik was entitled to the designation of Clerk (Grade-I) w.e.f. 1.2.1985. The operative part of the award is as under : - @ Hindi ----------------------------------------;