Alok Sharma, J. - (1.) VIDE award dated 17.2.1994 the Labour Court, Bharatpur directed reinstatement of the petitioner in service with full back -wages by the respondent No. 1 -CIMMCO Limited (hereinafter 'the respondent company'). The said award was challenged before this Court as also before the Hon'ble Apex Court -without success and has attained finality.
(2.) SUBSEQUENT to the passing of the award dated 17.2.1994 by the Labour Court, Bharatpur the petitioner has not been conferred the benefit of back -wages as directed. In the circumstances he moved an application under section 33(C)(2) of the Industrial Disputes Act, 1947 (hereinafter 'the Act of 1947') before the Labour Court for payment of due wages. Vide judgment dated 30.5.2000 the Labour Court directed the payment of Rs. 2,53,559/ - along -with interest @ 12% p.a. from the date the said amount became payable till the date of payment. The payment even as per the judgment dated 30.5.2000 not having been made by the respondent company, an application for execution was moved by the petitioner whereon the Labour Court forwarded its judgment dated 30.5.2000 to the State Government for recovery of the amounts due to the petitioner from the respondent company as arrears of land revenue. Following the reference aforesaid, on 11.5.2001 the SDO, Bharatpur issued notice to the respondent company for recovery of an amount of Rs. 2,53,559/ - + interest @ 12% p.a in terms of the Judgment dated 30.5.2000 passed by the Labour Court. On 26.6.2001 the Tehsildar attached the property of the respondent company and fixed the date in the matter as 23.7.2001 for auctioning it for recovery of the amount due under the Judgment of the Labour Court rendered on 30.5.2000. The order -sheet dated 29.8.2005 before the SDO, Bharatpur records that the respondent company filed an application on 30.5.2005 accepting its liability to pay in terms of the Judgment dated 30.5.2000.
(3.) COUNSEL for the petitioner submits that despite a right vesting in the petitioner in terms of the final Judgment dated 30.5.2000 passed by the Labour Court under section 33(C)(2) of the Act of 1947 pursuant to the award dated 17.2.1994 and despite the initiation of proceedings under section 33(C)(4) and attachment of the property of the respondent company, no further steps have been taken for the last about 13 years and the petitioner - a poor workman continues to suffer penury and mental trauma. It has been submitted that in these circumstances the SDO, Bharatpur be directed to immediately take effective steps for recovery of the amount due under the Judgment dated 30.5.2000 and to facilitate making it over to the petitioner without any further delay.;