- (1.) This order will dispose of four petitions bearing CWP Nos. 18685, 19641, 19642 and 19769 of 2011, as common questions of law and facts are involved.
(2.) Challenge in the aforesaid petitions is to the orders passed by Industrial Tribunal-cum-Labour Court, Panipat (for short, 'the Tribunal') on the applications filed by the workmen under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short, 'the Act').
(3.) The workman in the present case claimed that he was appointed on daily wage basis on 1.1.1983 and continued working till 30.9.1999. On 1.10.1999, his services were illegally terminated. He raised an industrial dispute. The matter was referred to the Tribunal. The question referred was answered in favour of the workman. Vide award dated 23.12.2005, he was directed to be reinstated back in service with continuity and full back wages from the date of demand notice, i.e., 11.10.1999. The aforesaid award was challenged by the State in CWP No. 3322 of 2007, which was allowed by this court vide judgment dated 2.4.2008 in terms of the detailed judgment in CWP No. 13469 of 2005, whereby the award of the Tribunal was modified to the extent that in lieu of reinstatement and back wages, the workman was held entitled to compensation @ Rs. 20,000/- for each completed year of service. As the amount of compensation was not paid by the management, application under Section 33-C(2) of the Act was filed. The Tribunal, accepting the stand taken by the workman, awarded compensation for 16 completed years of service from 1983 till 1999. The aforesaid order has been impugned by the management.;