KRISHNA'MURARI,J. - (1.) HEARD Sri 1. N. Singh, learned counsel for the petitioners, learned standing counsel for State-respondents and Sri Shiv Avtar Sharma appearing for respondent no.3.
(2.) BY means of this writ petition filed under Article 226 of the Constitution of India, the petitioners have challenged the award dated 22.05.2004 passed by Presiding Officer, Labour Court U.P. Saharanpur under Section 33-C(2) of Uttar Pradesh Industrial Disputes Act (for short the 'Act') directing the petitioners to pay a sum of Rs.48,875/- as wages for the period 1.2.1994 to 11.7.1995 and the consequential order dated 22.7.2004 passed by Deputy Labour Commissioner, U.P. Saharanpur Kshetra, Saharanpur under Section 33-C (1) of the Act for recovery of the said amount. Facts giving rise to the dispute are as under; Respondent no. 3 was appointed as Kamdar vide order dated 8.10.1954 in the year 1965. The post of Kamdar was re: designated as Ganna Gram Sewak and later on as Cane Supervisor (Ganna Paryavekshak) vide order dated 5.7.1989/
(3.) 8.1989. The said post was upgraded to the post of Rajkeey Ganna Paryavekshak. The post held by respondent no. 3 is Group 'C' post. A notice dated 12.4.1993 was issued to respondent no. 3 informing him that he would retire from service on 31.3.1994 on attaining the age of 58 years. The validity of the said notice was challenged by respondent no. 3 before this Court by filing Civil Misc. Writ Petition No. 46131 of 1993 on the ground that he is entitled to continue in service till he attains the age of 60 years. Initially, counter affidavit was called for. When no counter affidavit was filed on 4.5.1995 following order was passed; ''Issue notice. No counter affidavit has been filed till today. In spite of earlier direction no instruction has been obtained. Thus, upon prima facie satisfaction there will be an interim order staying the operation of impugned order dated 12.4.1993 at Annexure No. 2 to the writ petition until further orders. 4. In pursuance to the aforesaid interim order of this Court, respondent no. 3 joined his post on 12.7.1995 and worked till 31.1.1996, when his services came to an end on attaining the age of 60 years. He was paid salary for the period 12.7.1995 to 31.1.1996, however he was not paid salary for the period 1.2.1994 to 11.7.1995. Respondent no. 3 moved an application under Section 33-C (2) of the Act claiming salary for the period 1.2.1994 to 11.7.1995. Respondent no. 2 Presiding Officer, Labour Court U.P, Saharanpur vide order dated 22.5.2004 allowed the said application and awarded wages amounting to Rs.48875/- for the said period and Rs.l000/- as cost. Subsequently, on an application moved by respondent no. 3 under Section 33-C (1) of the Act, Deputy Labour Commissioner, U.P Saharanpur Region, Saharanpur issued notices to the petitioners for recovery of the awarded amount as arrears of land revenue.;