- (1.) I have heard the learned counsel for the parties and have perused the respective pleas submitted in the application and the reply submitted thereto.
(2.) The claim of the workman is that the award dated 2.12.1992/18.6.1993 has been made in favour of the workman vide which the reference has been answered in his favour with a direction that he be reinstated with full back wages from the date of the demand notice which is dated 10.12.1988. This award has been made the subject-matter of challenge by way of filing CWP No. 1020 of 1994. The petition was taken up on 3.2.1994 and notice of motion was issued and the operation of award had been stayed, subject to compliance of Section 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). Ultimately, the petition was admitted vide order dated May 31, 1994 and for the purpose of arguments with regard to compliance of Section 17-B of the Act, the matter was posted for July 19, 1994. For unexplainable reasons, the arguments were not addressed in regard thereto. Subsequently, the instant application has been filed by the workman in the year 2002 as the compliance of Section 17-B of the Act had not been made, despite the affidavit submitted by the workman, which has been contested by the Management.
(3.) Notice of the instant application was issued vide order dated August 23, 2002 and that reply to this application was filed by the Management on 27.1.2003 and that replication was filed by the workman which was taken on record by virtue of allowing C.M. No. 4664 of 2003 vide order dated 25.2.2003.;