- (1.) THE present appeal has been filed against the order dated 20.8.2001, passed by the learned single Judge, in W.P. (L) No. 2429 of 2001, whereby order dated 1.3.2001 passed in L.C. Application No. 20 of 1996 by the Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947 (thereinafter to be referred to as the Act) was affirmed.
(2.) AGAINST the award dated 25.6.1992, the Appellant moved this Court in -CWJC No. 1980 of 1993(R), which was dismissed on 17.1.1994 and the S.L.P. No. 18092 of 1994 filed in the Apex Court was also dismissed as withdrawn on 7.11.1994 and the said award became final. The workmen filed an application under Section 33C(2) of the Act, for computation of the benefit in terms of the said award, which was registered as L.C. Application No. 20 of 1996 before the Presiding Officer, Central Government, Labour Court, Dhanbad. On 1.3.2001, the Labour Court ordered that the computation of the monetary benefits be made as per the award passed in Reference No. 271 of 1990 for the purpose of verification and payment in favour of one or other workmen.
(3.) BEING aggrieved by the said order dated 1.3.2001 the appellant -management filed CWJC No. 2429 of 2001 in this Court wherein the only plea was taken that out of 297 workers, 240 were already reinstated in pursuance of the award dated 25.6.1992, after being verified by the Screening Committee and 47 persons, out of remaining 52 were not found to be genuine workers. The management did not raise this question at the stage of reference even and even after the award was passed when the same was challenged before this Court and the Apex Court. In course of hearing of the application under Section 33C(2) also, the management did not produce any paper to show that 47 persons out of 52 were not the genuine workers.;