- (1.) This petition has been moved by the Panjab University, Chandigarh under Article 226 of the Constitution of India for quashing the order dated 4.10.1983 Annexure P.6 passed by the learned Presiding Officer, Labour Court, Chandigarh.
(2.) The brief facts giving rise to this petition are that Gopal Krishan Kapur- respondent (hereinafter to be referred as 'the workman') was appointed as a Junior Clerk at the Panjab University, Lahore in undivided India in the year 1940. He was confirmed on this post on 3.9.1943 and promoted as a Senior Clerk in the year 1945. After partition of the country, he continued to be in the service of the petitioner University. He was promoted as an Assistant on 1.6.1950 and confirmed on this post on 1.6.1951. He was put under suspension on 17.3.1954. After holding a proper inquiry into the charges framed against him, his services were terminated vide order dated 2.8.1956. Feeling aggrieved therewith, he filed Civil Suit No. 765 dated 14.12.1957 which was dismissed on 7.2.1968. He preferred an appeal against the judgment of the learned Sub Judge 1st Class, Ambala Cantt. Vide his judgment dated 25.11.1968, the District Judge, Chandigarh accepted the appeal modifying the judgment and decree of the learned trial Court holding that his dismissal was illegal. There was no order whatsoever for reinstatement in service and payment of any arrears of salary etc. The petitioner-University filed a Regular Second Appeal No. 255 of 1969 in this Court against the judgment of the District Judge, Chandigarh on 24.2.1969. The same, however, was withdrawn vide order dated 19.3.1980. Thereafter, the workman made a request to the petitioner vide his letter dated 19.3.1980 for the payment of his full dues, i.e., salary, provident fund, gratuity etc., from 17.3.1954 as per rules and regulations. The petitioner replied vide letter dated 19.4.1980 stating therein that the relief granted by the Appellate Court was not more than declaring the dismissal as illegal and as its consequence, he was not entitled to any arrears of pay etc. He preferred writ petition No. 3299 of 1980, which was dismissed on 20.11.1980 with the observations that "the relief claimed in this petition is that the petitioner be deemed to be continuing in service. Similar relief was the subject-matter of dispute in the civil suit, which has been refused by the Civil Court. The decree of the Civil Court, which has become final, cannot be modified in writ jurisdiction." he approached Hon'ble the Supreme Court in a Special Leave Petition No. 1993 of 1981 against the order of this Court. The same was dismissed as withdrawn on 7.12.1981 by Hon'ble the Supreme Court. Thereafter, he moved an application under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter to be referred as 'the Act') which was disposed of on 4.10.1983 with a direction to the University to pay within a month, the arrears of pay and allowance to the workman from the date, he was removed from service to the date of his superannuation. The date of superannuation of the workman was 31.1.1969. That the petitioner became aware of the award only on 25.2.1984. The impugned award is illegal, unconstitutional, against the settled principles of law and without jurisdiction and the same is liable to be quashed as per the reasons embodied in this petition.
(3.) In his written statement, the workman has averred that this petition has been filed with an oblique motive to further harass a former Trade Union worker. The Labour Court has done substantial justice to the answering respondent in awarding arrears of pay and allowances. The plea that the High Court judgment dated 20.11.1980 operates as res-judicata was not raised before the Labour Court. The same cannot be allowed to be raised in the exercise of writ jurisdiction. Lastly, it has been prayed that this petition may be dismissed with special heavy costs.;