G.S.SANDHAWALIA, J. - (1.) THE challenge in the present writ petition is to the award dated 27.2.2013 (Annexure P/4) whereby the Labour Court, Bathinda held that respondent no2 -workman was entitled for refixation of his salary as per direction of this Court in Civil Writ Petition No.17026 of 2000 decided on 11.5.2001. The period in question is 1.1.1990 to 25.2.1999 and the adjustment had to be made from the salary which the workman had already received from 1.3.1991 to 25.7.1996. The petitioner -society has been directed to make the calculation and pass a speaking order and pay the balance amount within three months from the receipt of certified copy of the order failing which the workman would be entitled for interest @ 6% per annum from the date of filing of the application till realization.
(2.) A perusal of the paper book would go on to show that the respondent no.2 -workman has been agitating his grievance since the last almost 1 -1/2 decades but the petitioner -society continues to litigate for the reasons best known to it on technical reasons. The respondentworkman came to this Court directing the respondents to implement the orders dated 4.7.1996 (Annexure P/8) and 28.11.1997. Vide order dated 4.7.1996 appeal filed by the petitioner -society against the order dated 31.10.1995 passed by the Deputy Registrar directing reinstatement of the workman was rejected by the Joint Registrar and it was held that he will be entitled for all pay and allowances from the date of suspension till 25.6.1995 with all consequential benefits. He was also given liberty to challenge the second termination order passed against him on 26.6.1995. It is not disputed inter -se that vide order dated 28.11.1997 (Annexure P/9), the Deputy Registrar, Cooperative Societies, Bathinda accepted the appeal of the workman and directed reinstatement with full benefits setting aside the termination order dated 26.6.1995. This Court on 11.5.2001 (Annexure P/2) directed that the Registrar (CooperativeSocieties), Punjab to go into the entire matter of pay fixation and determine the amount of pay and allowances and other consequential benefits. The relevant portion of the order reads as under: - ''In view of consent given by the counsel for the parties, the Registrar (Cooperative Societies), Punjab is directed to go into the entire matter of pay fixation and determine the amount of pay and allowances and other consequential benefits to which the petitioner would be entitled to. The period from which this amount is to be calculated is with effect from 1.1.1990 to 28.2.1999. The Registrar will be at liberty to vary this date and also not to take certain moments or years into consideration where he thinks that the pay, allowances and consequential benefits of that period between 1.1.1990 to 28.2.1999 are not due to the petitioner. The Registrar will pass this order after giving hearing to the petitioner and respondent no.5. Parties, through their counsel, are directed to appear before the Registrar, Co -operative Societies (Punjab) on 23.5.2001. With these directions, this petition is disposed of. '' Thereafter, the Addl. Registrar while hearing the parties upheld the orders dated 4.7.1996 and 28.11.1997 whereby the petitioner -society was directed to reinstate the workman but it is obvious that he did not comply with the order passed by this Court regarding the direction to go into the entire matter of pay fixation and determine the amount of pay, allowances and other consequential benefits which had been directed by this Court. Resultantly, an application under Section 33 -C(2) of the Industrial Disputes Act, 1947 came to be filed wherein grouse of the workman that arrears of pay was not being paid by the petitioner -society willfully and intentionally and he was entitled for arrears from 1.1.1990 to 28.2.1999 in the revised scale. Instead of admitting the fact that there was already a direction by this Court, a detailed reply was filed giving the history of the case by the petitionersociety and pleading that the workman was not entitled for any salary/arrears/revised salary from the society as alleged which would be clear from the copy of reply dated 7.1.2011 which has been submitted today in Court. Resultantly the impugned order came to be passed.
(3.) COUNSEL for the petitioner has vehemently submitted that the direction was issued by this Court to the Registrar, Cooperative Societies, Punjab to go into the matter of pay fixation and determine the amount and that order has not been complied with and the Labour Court has no jurisdiction to issue direction.;