- (1.) The Punjab State Water Resources Management and Development Corporation has filed the instant petition impugning the order dated 28.12.2011, passed by the Industrial Tribunal, Bathinda at Annexure P-3, whereby an application filed by respondents No. 2 to 4 under Section 33-C(2) of the Industrial Disputes Act, 1947 (herein after to be referred as the Act) has been allowed and they have been held entitled for back wages for the period i.e. date of termination of their services till their having joined back in service in pursuance to an order dated 7.10.1997, passed by a Division Bench of this Court. Brief facts that may be noticed are that the private respondents were engaged as Work Mistri, Mate and Chowkidar respectively in the Abohar Division of the petitioner-Corporation. Consequent to the reduction of the work of such division, the same was disbanded w.e.f. 31.3.1987 and the services of the junior workers including the private respondents were retrenched. Respondents No. 2 to 4 filed CWP No. 3047 of 1987 in this Court impugning their retrenchment from service and the same was dismissed by the learned Single Judge vide judgment dated 23.1.1989. Private respondents preferred L.P.A. which was decided on 7.10.1997 and the operative part of which reads as under:- "In the result, the appeal is allowed. The order dated 23.1.1989 passed by the learned Single Judge is set aside. As a logical corollary the writ petition filed by the appellants is allowed. The termination of services of the petitioners vide order dated 15.5.1987 are declared illegal. The respondents are directed to reinstate the petitioners in service. However, for back-wages we relegate the petitioners to the remedy available to them under section 33(C)(2) of the Industrial Disputes Act, 1947. In view of the decision of the Supreme Court the Managing Director U.P. Warehousing Corporation and others v. Vijay Narain Vajpaee, 1980 AIR(SC) 840"
(2.) The private respondents, thereafter, preferred application under Section 33-C(2) of the Act and the same has been allowed in terms of passing the impugned order dated 28.12.2011. Learned counsel for the parties have been heard at length.
(3.) Undisputedly, as per decision dated 7.10.1997, passed by the L.P.A. Bench the termination of services of the private respondents was declared illegal and directions were issued to reinstate them. In so far as back wages, private respondents were relegated to the remedy available to them under Section 33-C(2) of the Act in the light of decision of the Hon'ble Supreme Court in case of Managing Director, U.P. Warehousing Corporation and others v. Vijay Narain Vajpaee, 1980 AIR(SC) 840;