G.S.SANDHAWALIA, J. - (1.) CHALLENGE in the present writ petition is to the order dated 17.9.2009 (Annexure P/8) passed by the Industrial Tribunal -cum -Labour Court, Faridabad whereby on an application under Section 33 -C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") filed by respondent no.4 -workman, it was held that the workman was entitled to a sum of Rs. 1,05,000/ - along with interest at the rate of 6% from the date of award i.e.10.6.1999 (Annexure P/4) till final payment.
(2.) THE plea taken was that the said order was contrary to the arbitration award dated 3.10.1983 (Annexure P/2) whereby responsibilities of the payment have been shifted to the Lohia Group and thus, respondents No.2,3 and 5 were responsible for the said dues. A perusal of the paper -book would go on to show that respondent no.4 workman raised an industrial dispute against M/s Rajyashree Textiles -respondent no.2 on the ground that he had been working with the said company since 1963 as a Weaver and his services were terminated on 6.7.1992 without complying with the mandatory provisions of the Act. He had raised an industrial dispute and vide award dated 10.6.1999 (Annexure P/4) it was held by the Labour Court, Faridabad that the enquiry held by the management was not fair and proper and he was held entitled to reinstatement and full back wages with continuity of service. He filed an application under Section 33 -C(2) of the Act claiming a sum of Rs. 2,40,531/ - in his favour against respondents no.2 and 3 on the ground that the petitioner was the sole proprietor which was registered on 11.11.1999. The said application was allowed exparte on 15.12.2000 and a sum of Rs. 1,04,166.66 was computed in favour of the workman as back wages. In the said proceedings, the present petitioner was proceeded against exparte on 23.3.2000.
(3.) IN the application filed by the petitioner for setting aside exparte proceedings the plea taken was that the group of companies consisting of East India Cotton Manufacturing Co. along with 9 Units attached to it were jointly owned and operated by H.P.Lohia, N.P.Garodia, H.C.Garodia, B.K.Garodia and O.P.Bhartia and respective family members. Due to differences interse the families the matter was referred to the Arbitration and an award dated 3.10.1983 came to be passed whereby control was given to Lohia Group. The award was made rule of Court on 21.9.1984. Thus, the dispute was between the workman and the Lohia Group and the petitioner had retired much earlier in the year 1983. She was never a party to the dispute, nor had been summoned when the award was passed on 10.6.1999 and she had been made party with malafide intention in connivance with the Lohia Group along with respondent no.4 -workman. The computation order dated 15.12.2000 was not binding upon her. The application was allowed vide order dated 3.8.2001 and the orders dated 23.3.2000 and 15.12.2000 were set aside. Resultantly, reply was filed in the application under Section 33 -C(2) of the Act on the same set of pleadings as notice above.;