Gopal Krishan Vyas, J. - (1.) By this writ petition, petitioner Dungarpur Kendriya Sahkari Bank, Dungarpur seeks to challenge order dt. 03.12.2002 (Annexure-5) passed by the Labour Court Udaipur whereby the application filed by respondent No. 1 workman under Section 33-C (2) of the Industrial Disputes Act, 1947 was allowed and the learned Judge, Labour Court passed order for payment of Rs. 4,33,026/- to respondent No. 1 along with interest at the rate of 9% with effect from 01.02.1997.
(2.) According to facts of the case, the respondent workman was initially appointed as cashier-cum-clerk in the petitioner Bank and he was transferred to Sagwara Branch with effect from 03.08.1965. The services of respondent No. 1 was terminated with effect from 23.8.1966. The said termination order was challenged by the respondent No. 1 by way of raising industrial dispute. After conciliation proceedings by the Conciliation Officer, a failure report was submitted; and, thereafter, reference was made by the appropriate Government to the Labour Court, Udaipur. As a result of full-fledged trial, order of termination of the workman was set aside and award dt. 12.12.1985 was passed in favour of respondent No. 1 and he was ordered to be reinstated in service and it was specifically ordered that the workman will not be entitled to back-wages and he was allowed Rs. 2000/- as compensation along with wages for the period of suspension. The said award was challenged by the Bank by way of filing S.B. Civil Writ Petition No. 4021/1988. No stay order was passed by this Court in the said writ petition and, at last, the writ petition filed by the petitioner Bank (No. 4021/1988) was dismissed as having become infructuous. At the time of passing order dt. 19.02.1999 by this Court, it was observed that the petitioner Bank has challenged the award by which the respondent was reinstated in service without back-wages and inspite of the fact that there was no stay order it is submitted on behalf of the petitioner that the respondent never joined the duties and has, in the meantime, crossed the age of superannuation. Upon this submission, this Court dismissed the petition as having become infructuous.
(3.) After the decision of the writ petition filed by the petitioner Bank earlier challenging the award dt. 12.12.1985, the award passed by the Labour Court attained finality, therefore, respondent No. 1 moved an application under Section 33-C (2) of the Industrial Disputes Act for back-wages from the date of award to the date of attaining the age of superannuation along with Rs. 2000/- as compensation as awarded by the Judge, Labour Court, Udaipur and 1/3rd part of the wages for the period of suspension as ordered by the Labour Court. In the application filed under Section 33-C (2), it was specifically mentioned that though the award was passed by the Labour Court, Udaipur, the order of termination was set aside vide the said award dt. 12.12.1985, therefore, from the date of award till the date of superannuation, the petitioner was very much entitled to salary because he was not reinstated in service though he had filed applications on 21.04.1986 and 22.04.1986; but, he was informed by the Bank that the award was challenged by the Bank and he was not taken on duty.;