JUDGEMENT
-
(1.) The Panipat Cooperative Sugar Mills Limited (hereinafter referred to as the management) has filed the instant Letters Patent Appeal, challenging the order dated 17.3.2011, passed by the learned Single Judge, whereby Civil Writ Petition No. 13354 of 1989 filed by the management for quashing 13 different awards dated 6.4.1989 (Annexures P-4 to P-16) given by the Presiding Officer, Labour Court, Ambala, in 13 references in the cases of respondents No.2 to 14, has been dismissed.
(2.) Though there is a delay of 153 days in filing the appeal and the appellant has filed application (CM No. 1211-LPAof 2012) for condoning the delay, yet we have heard learned counsel for the appellant on merits, and gone through the order, passed by the learned Single Judge.
(3.) In the present case, respondents No.2 to 14, who were working with the management, served charter of demands praying therein that they should be made regular on the posts on which they were working. Their demand was referred to the Presiding Officer, Industrial Tribunal, Haryana, Faridabad, by the Government for adjudication and the references were registered at serial No. 7/1986. During the pendency of the said references, the management refused the workmen to join their duty. Since the management contravened the provisions of Section 33 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act'), the workmen filed various complaints before the Tribunal. During the pendency of those complaints, the parties had amicably settled the dispute. A statement was made by the management that the workmen shall be taken back in service with the assurance that there would not be any break in their service. In view of this statement, the complaints filed by the workmen were dismissed as withdrawn on 10.9.1987.
Subsequently, though the workmen were taken back in service, but they were not paid wages for the period for which they were not permitted to work. Thereupon, the workmen filed separate applications under Section 33-C (2) of the Act for grant of wages for the said period, which in case of respondent No.2 came to be Rs. 6,277/- for the period from 1.4.1986 to 15.5.1987 at the rate of Rs. 465/- per month.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.