- (1.) Heard Sri Ravi Shanker Prasad, learned Additional Chief Standing Counsel for the petitioner and Sri M.P.S. Chauhan, learned counsel for the respondent No. 1.
(2.) By means of the present writ petition, the petitioner (State of U.P. through Executive Engineer, Aligarh Khand, Ganga Canal, District Aligarh) has challenged the impugned order dated 19.04.2012 passed by the Regional Deputy Labour Commissioner, Aligarh-respondent No. 2, by which the claim of respondent No. 1 under Section 6-H of the Industrial Disputes Act (herein after referred as "Act") had been allowed.
(3.) This Court, while entertaining the present writ petition on 30.09.2013, had passed the following order in favour of the petitioner:- "Learned Standing Counsel submitted that the application moved under section 6H(1) of U.P. Industrial Dispute Act was not maintainable. The respondent workman was daily wager, hence the wages could not be calculated considering the salary of the regular employee, hence award is illegal and arbitrary. Learned Standing Counsel further submitted that in pursuance of the impugned award, the amount has already been deposited. However, the same has not been released as yet. Issue notice to the opposite party no.1 returnable at an early date. In the meantime till the next date of listing 50% of the amount, if already deposited, shall be released in favour of the respondent workman and remaining 50% shall be kept in Fixed Deposit.";