Ashok Bhan, J. - (1.) Petitioner raised an industrial dispute including the point as to whether the Octroi Moharir and Sweepers should be allowed all gazetted holidays ? If so, with what details ? Vide an award of the Industrial Tribunal published in Punjab Govt. Gazette dated 11.9.1970, the petitioners were allowed all gazetted holidays as in the case of other employees employed in the office of Municipal Committee. Instead of filing an application under Section 33(C)(2) of the Industrial Disputes Act claiming wages in terms of the award dated 11.9.1970, immediately the petitioner filed the application at a belated stage under Section 33(C)(2) of the said Act in the year 1979. Presiding Officer of the Labour Court, vide its order dated 15.1.1980 (Annexure P.2) held that the petitioners filed the claim at a belated stage and are thus not entitled to the wages upto 31.3.1976. Respondent Municipal Committee was directed to prepare and file a correct statement of account showing the amount due to each of the petitioner on that score from 1.1.1976 to 31.3.1979. Case was further adjourned to 4.2.1980.
(2.) Petitioners filed an application before the Labour Court stating therein that they proposed to file a writ in the High Court against the order of the Labour Court dated 15.1.1980 whereby their claim for wages was restricted to the period from 1.4.1976 to 31.3.1979 claiming therein that they were entitled to the wages for the entire period, i.e., from the year 1970 till 1979. Case was adjourned twice for this purpose and ultimately, vide order Annexure P/5, the applications of the petitioners were dismissed for non-prosecution as the petitioners failed to lead any evidence in support of their claim. Petitioners have filed the present petition impugning the orders Annexures P/2 and P/5.
(3.) I have perused the record and heard the learned counsel for the parties.;