MAHESH CHANDRA TRIPATHI,J. - (1.) Heard Shri C.K. Parekh, learned counsel for the petitioner, Shri S.K. Tiwari for the sixth respondent-workman and Shri Prabhav Srivastava, holding brief of Shri K.M. Asthana, learned counsel appearing for the Canara Bank.
(2.) In this petition, the following principal reliefs have been claimed :- "(A) issue a writ, order or direction in the nature of certiorari to quash- (i) ex-parte order dated 17.8.2011 (Annexure No. 14) passed by Deputy Labour Commissioner, issuing recovery certificate under Section 6-H (1), without adjudication by Labour Court under U.P. Industrial Dispute Act on the application dated 20.4.2011 (Annexure No. 13) filed by respondent No. 6, for salary, leave encashment and annual bonus for the period from 1.1.2010 to 31.12.2010, whereas he has already withdrawn salary as per Rules through regular salary bills as well as permissible bonus and he is not entitled to get encashment of annual leave under the Rules; (ii) order issuing recovery dated 9.8.2010 passed by Deputy Labour Commissioner, for total Rs. 6,28,701 i.e. (4,89,615/- + Rs. 1,39,086/-) refusing to adjust the amount already drawn by respondent as monthly salary from Nagar Palika including for the period from February 2008 to 31.12.2009, and further refused to deduct amount of yearly encashment of leave and bonus which is not payable under Rules/Government order issued by State Government, in as much as there is no adjudication for period of February 2008 to 31.12.2009, by the Labour Court vide Annexure No. 9 and 10; (B) issue a writ, order or direction in the nature of mandamus directing the Labour Court/Deputy Labour Commissioner to permit the Nagar Palika to make adjustment of Payment already and directly made to respondent No. 6 as monthly salary etc. being regular employee after the award dated 1.6.1991 and under subsequent Government order dated 3.2.1992 for regularization; (C) issue a writ, order or direction in the nature of mandamus directing the respondent No. 6 not to claim salary etc. through Labour Court or Deputy Labour Commissioner for the period, which is already being received by him directly from Nagar Palika."
(3.) Record in question reflects that the sixth respondent namely Ashok Kumar Sharma, who was working as Pump Attendant in Nagar Palika Parishad, Muzaffar Nagar (in short, the Parishad) since 17.6.1987 on daily wages, raised an industrial dispute before the Labour Court, Meerut and the same was registered as Adjudication Case No. 58 of 1989. The Labour Court passed an award on 1.6.1991 in favour of the respondent workman. By the said award, the respondent workman was regularized w.e.f. 17.6.1987 as Pump Attendant (Class-IV employee) along with regular pay and other benefits of the said post. Admittedly the said award in question was assailed by the Parishad before this Court by preferring a writ petition, which was dismissed and as such, the same has attained finality. Consequently the respondent workman was reinstated and his services were regularized. In terms of the award in question, he had been paid regular salary w.e.f. 23.5.1992. He had also received the difference of back wages from 17.6.1978 to 23.5.1992.;