Pankaj Mithal, J. - (1.) HEARD Sri Vrindavan Mishra, learned Counsel for the petitioner and Sri Devendra Pratap Singh, learned Counsel for respondent No. 5. Learned Standing Counsel has appeared for respondents No. 1 to 4. The petitioner has preferred this writ petition against the order dated 15.1.2014 passed by the Deputy Labour Commissioner (in short DLC) under Section 6 -H (1) of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and the recovery citation dated 12.6.2014 (annexure 2 to the petition).
(2.) IT appears that there was some labour dispute between the petitioner and respondent 5 and the same was referred for adjudication to the Labour Court. The Labour Court made an award on 30.6.1994 which was published on 30.1.2005 directing for reinstatement of petitioner with full back -wages. The aforesaid award is final and conclusive between the parties. The respondent No. 5 in order to implement the said award moved an application under Section 6 -H (1) of the Act for his reinstatement and the recovery of back -wages from 16.7.1989 to 31.5.2005 amounting to Rs. 5,58,311/ -. The Deputy Labour Commissioner on being satisfied that the aforesaid amount is due as wages directed for recovery of the same. The said order and the recovery citation was challenged by the petitioner by filing writ petition No. 17330 of 1995 wherein initially a stay order was granted but ultimately the petition was dismissed. The Special Leave Petition against the aforesaid order of the High Court was also dismissed on 29.10.2014 by the Supreme Court. Thus, the order directing for recovery of wages for the period 16.7.1989 to 31.5.2005 became final.
(3.) THE respondent No. 5 moved another application demanding wages from 1.6.2005 to 31.12.2005 i.e. Rs. 6,65,709/ -.The aforesaid application was opposed by the petitioner but the objections were rejected and the impugned order dated 15.1.2014 was passed directing the petitioner to make payment of the aforesaid amount of wages. Consequently, the recovery citation was issued on 12.6.2014 for recovering the said amount.;