P.B. Bajanthri, J. - (1.) In the instant writ petition, petitioner has questioned the validity of order dated 04.10.2011 passed by the Labour Court, Ambala (Annexure P/1).
(2.) Rama Shankar Tiwari - respondent no.2 was appointed as a Security Guard in the Haryana Engineering College (for short 'College') on 29.04.2000. On 09.01.2002, he had abandoned the service and it was settled by means of a compromise before the Deputy Labour Commissioner on 22.04.2002. Thus, respondent no.2 reported back to service on 23.04.2002. Once again, on 08.05.2002, he had abandoned the service. Therefore, in the year 2003, he raised an industrial dispute reference No. 46 of 2003 and the same was decided by the Labour Court on 28.07.2005, while setting aside order dated 08.05.2002, the petitioner was directed to reinstate the respondent-workman in service along with all other benefits including continuity of service and full back wages. This is an ex-parte award. The petitioner aggrieved by the award dated 28.07.2005 preferred a civil writ petition No. 1010 of 2006 before this Court. During the pendency of said writ petition, respondent no.2 was reinstated and he had reported the duty on 25.05.2006. In the meanwhile, wages were calculated and paid. On 10.01.2008, writ petition filed by the petitioner got dismissed. Further, the petitioner preferred a Special Leave Petition No. 10958 of 2008 and suffered an order before the Supreme Court. Respondent No.2 had also filed an application under Section 33C(2) of the Industrial Disputes Act, 1947 (for short 'Act') relating to payment of dues from 08.01.2002 to 24.05.2006 seeking benefits like Provident Fund, Leave Encashment, Bonus, etc. to the tune of Rs. 3,06,737/-. On 15.12.2007, an ex-parte award was passed. The petitioner granted the monetary benefits along with interest to the tune of Rs. 3,34,343/- on 02.09.2009.
(3.) In this background, respondent no.2 filed one more application under Section 33C(2) of the Act in the month of November, 2009 claiming the relief of salary for the period from 25.05.2006 to 31.10.2009 to the tune of Rs. 2,96,351-54.;