S.S. Nijjar, J. - (1.) THE petitioner joined the respondent No. 2 as Salesman on 13.11.1976. The services of the petitioner had been terminated by order dated 8.1.1983. On 17.4.1985, the termination was declared illegal by the labour Court, Bathinda(hereinafter referred to as the Labour Court) and he was reinstated in service with continuity of service and full back wages. The petitioner continued working with the respondent No.2 M/s Muktsar Cooperative Marketing -Cum -Processing Society Ltd. Muktsar (hereinafter referred to as the respondent -Society). His service were again terminated on 3.6.1992. the petitioner again raised an industrial dispute which was referred to the labour Court, Bathinda vide reference No. 500/1992. During the pendency of the reference before the Labour Court the petitioner reached a compromise with the respondent -Society. By this time, the Labour Court had framed the necessary issues. In view of the compromise reached between the parties, the Labour Court decided the reference as follows: - "When the case was at the stage of evidence parties arrived at settlement out of court as a result whereof statements of workman and that of Sh. Jagdish Rai Accountant have been recorded the gist whereof is the Management has reinstated the workman w.e.f. 10.1.94 with continuity of service but without back wages. 5. Resultantly, this reference is answered as settled between the parties out of court in the manner given in preceding para. No order as to costs."
(2.) THE compromise which had been reached between the parties, has been recorded in the resolution dated 10.1.1994 passed by the respondent -Society. The resolution reads as under: - The petitioner had given an affidavit to the Management dated 7.4.1994 in which he had categorically stated that he is ready to forego the claim of arrears of wages for the period from 3.6.92 to 9.1.1994 at Rs. 524/ - per month which comes to Rs. 10,078/ -in favour of the Society. He thereafter asked that he may be reinstated with continuity in service from 13.11.1976 so that reference No. 50/92 pending in the Labour Court be withdrawn. In view of the above, the Labour Court answered the reference by award dated 27.5.1994, as noticed above.
(3.) AFTER being reinstated, the petitioner filed an application under Section 33C(2) of the Industrial Disputes Act (hereinafter referred to as "as Act") seeking payment of wages in the revised pay scale w.e.f. 1.1.86 to 9.1.1994. The Labour Court, after considering the entire matter has rejected the application of the petitioner by the award dated 20.7.2000. This award is challenged in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India. Prayer is made for quashing the aforesaid award and for issuance of a writ of Mandamus directing the respondent No. 2 to pay the, dues to the petitioner in the revised pay scale w.e.f. 1.1.86 to 10.1.1994.;