- (1.) HEARD Shri A. K. Singh, learned counsel for petitioners and Shri V. M. Zaidi, for respondent.
(2.) BY this writ petition, the Union of India through its Secretary, Ministry of Finance, New delhi and General Manager, Government opium and Alkaloid Works, Ghazipur, have prayed for a direction to quash an order dated october 10, 2005 passed by Regional Labour commissioner (Central), Kanpur by which a requisition certificate in Form II in compliance with the order dated October 3, 2005 of this court in W. P. No. 64221/2005 as per Section 33-C (l)of the I. D. Act, 1947 is to be enforced for recovery of the amount as per settlement dated April 20, 1998 and EGIT Award No. 11/1978 in favour of 40 casual labourers. The requisition certificate in Form-II seeks to recover Rs. 7,80,120/- as per settlement dated april 20, 1998 in favour of 40 causal labours. The Sub-Divisional Magistrate has directed the branch Manager, State Bank of India, Ghazipur to attach the account of the petitioners in pursuance to the recovery certificate giving rise to this writ petition.
(3.) SHRI A. K. Singh learned counsel for petitioners submits that the respondent-union filed a writ petition which was allowed directing the appellant to engage the members of the petitioner-union as casual worker and to pay their dues. The Division Bench in Special appeal No. 743/2002 by its judgment dated january 29, 2003, relying upon Rajasthan State road Transport Corporation and another v. Krishna Kant, AIR 1995 SC 1715 : (1995) 5 scc 75 : (1995) 2 MLJ 48 : 1995-II-LLJ-728 set aside the judgment and directed the workmen to seek their remedies by industrial adjudication.;