Ravi S. Dhavan, J. - (1.) The U.P. State Road Transport Corporation, a public sector undertaking in the State of Uttar Pradesh through its Regional Manager, Gorakhpur resists an order of the Regional Labour Commissioner, Gorakhpur dated June 24, 1987 on an application of the workman respondent No. 3 under Section 33 (c)(2) of the Industrial Disputes Act, 1947 by which benefits accruing under an award having not been computed ; recovery was sought from the aforesaid public sector undertaking.
(2.) The Award was given by the Labour Court, Gorakhpur and arose to of adjudication case No. 81 of 1982 after it had been referred for adjudication by the State Government under Section 4 - K of the U.P. Industrial Disputes Act, 1947. The Award is dated January 31, 1986. This is a second writ petition by the employer U.P. State Road Transport Corporation, aforesaid. The first one was against the award and was instituted as writ petition No. 8233 of 1986 and was dismissed by an order of Hon'ble A.N. Verma, J. on September 23, 1986.
(3.) It is apparent that the workman did not receive his benefits as had accrued to him in pursuance of the award and he moved an application under Section 33 (c) (2) of the Act, aforesaid. The employer filled its objections to the application. These objections are dated March 28, 1987 and attempted to reopen the controversies on merits but were not accepted by the Deputy Labour Commissioner in R.D. Case No. 84 of 1986 filed by the workman. In these objections the employers was attempting to re - agitate that the workman had been appointed on short term vacancies. This aspect was over when the adjudication was over by the Labour Court. Rest of the objections were in reference to the computation of moneys sought by the workman.;