- (1.) Petitioner, Sanjay Babu, a workman, has filed this petition under Article 226/227 of the Constitution of India praying for issuance of an appropriate writ, order or direction in the nature of certiorari for setting aside/quashing order No. 34991 dated 1.10.2003 (Annexure P/3) passed by Labour Commissioner, Labour Department, Haryana, respondent No. 2, and to direct him to issue Recovery Certificate under Section 33(C)1 of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act").
(2.) The facts culminating to the commencement of this petition may be recapitulated thus :
(3.) The petitioner was appointed as a helper with respondent No. 1 in the month of June, 1996. Thereafter, his services were terminated on 25.9.1997. Then, he served a demand notice under Section 2-A of the Act on the management (respondent No. 1) seeking for his reinstatement with full back-wages. Ultimately, the industrial dispute was referred to the Labour Court, Faridabad. The learned Labour Court passed an award dated 9.1.2001 in favour of the petitioner and accordingly he was reinstated in service with full back-wages. Later on, the said award was challenged by respondent No. 1/management by way of Civil Writ Petition No. 11634 of 2003 in the High Court, which was dismissed vide order dated March 29, 2004.;