D.K.SETH, J. - (1.) On July 15, 1998, an award was passed by the learned Tribunal in Reference Case No. VIII-107 of 1991. By means of this writ petition the petitioners have claimed that the respondent-authority should comply with the said award. It is also contended that the said award has not been challenged and has become final.
(2.) Mr. Dasan, learned counsel for the petitioners, contended that this is a case where Section 33-C(2) is not necessary to be invoked since the Tribunal has already ascertained the amount payable.
(3.) In the said award, the Tribunal had observed as follows: "In view of the above findings and on the basis of the evidence on record it is held that the management of IDPL has failed to prove that there was sufficient reason for declaring lock-out of their regional sales office at Calcutta from August 20, 1989 to November 19, 1989. On the other hand, the union has proved through the W.W.-1 that the lock-out was declared only and there was no incident in between August 1, 1989, to August 20, 1989. Therefore, it is held that the lock-out of the Divisional/Regional Sales Office at Calcutta of IDPL from August 20, 1989, to November 19, 1989, was illegal and unjustified. It is further held that all the workmen will be entitled to have full wages/salaries and other benefits from the IDPL authorities for the total lock-out period from August 20, 1989 to November 19, 1989, even the employees who were engaged on no work no pay basis or daily wage basis, they will be treated as on duty on those days and they will also get their wages/salaries for the entire period from August 20, 1989 to November 19, 1989, and it will be presumed that all the employees have continued their services without having any leave from August 20, 1989 to November 19, 1989. In such ways the award is being passed.";