U.P. STATE YARN COMPANY LTD. Vs. U.P. STATE YARN COMPANY MAZDOOR SANGH
LAWS(ALL)-2017-5-32
HIGH COURT OF ALLAHABAD
Decided on May 15,2017

U.P. State Yarn Company Ltd. Appellant
VERSUS
U.P. State Yarn Company Mazdoor Sangh Respondents

JUDGEMENT

SAUMITRA DAYAL SINGH, J. - (1.) These two writ petitions arise from a single award of the Industrial Tribunal, Allahabad in Adjudication Case No. 2 of 2008 dated 20.10.2015.
(2.) In Writ Petition No. 26784 of 2016, the petitioner - management of U.P. State Yarn Company Limited has challenged the aforesaid award. By that award the Industrial Tribunal has held - the layoff declared by the petitioner was without prior permission of the Government of U.P. and therefore, illegal. Further, the Labour Court granted relief of payment of balance of wages to the workman for the period 13.11.1998 to 31.12.1998 and payment of full outstanding wages for the period 01.01.1999 to 15.10.2000.
(3.) Upon challenge made in the aforesaid writ petition, an interim order was passed providing for stay of the award subject to payment of layoff compensation. Admittedly, the said order was not complied. Accordingly, the stay order stood vacated. Therefore, proceedings under Section 6-H(1) of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') were initiated by the workman. It is in this context, on non-satisfaction of the award dated 20.10.2015, the Workers Union has filed an application under Section 14-A of the Act, seeking penalty for breach of term of the aforesaid award.;


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