- (1.) Heard learned counsel for the parties. Petitioner has successfully raised the industrial dispute and got the award in his favour on 21st January, 1994 from the Central Government, Industrial Tribunal-II, Dhanbad. By this award, the management was directed to regularize all the concerned workmen as category-I-Mazdoor and to give them all benefits as provided under NCWAs-III & IV within two months from the date of publication of award. The said award was challenged by filing writ petition then by filing L.P.A., then S.L.P. and then review petition. The last round of litigation in review came to an end in the year 2004. The award in question was implemented by issue of appointment order and its approval was granted by the Chief General Manager and by order dated 9th November, 2008. The appointments were given w.e.f. 1st April, 1994 in terms of the award. Petitioners were not paid the consequential benefit as awarded by the tribunal in its award dated 21st January, 1994. Then, petitioner approach this Court by filing writ petition being W.P.(L) No. 3117 of 2011. The said writ petition has been dismissed by the learned Single Judge vide order dated 23rd November, 2011 on the ground of delay. Since, respondent did not file reply to the writ petition before the learned Single Judge, therefore, in L.P.A. permission was granted to the respondent to file the reply.
(2.) The facts are not in dispute that award was passed on 21.1.1994 and it was under litigation till the year 2004 in S.L.P. and ultimately in review petition before this Court. The award was implemented by issuing order of appointment in the year 2004 and was confirmed by the appropriate authority on 9.11.2008. In three years period, the petitioner approached this Court for getting the relief of consequential benefit when the petitioner came to know that they were not given consequential benefits after the approval was granted on 9.11.2008. There was no reason for dismissal of the writ petition of the petitioner and particularly when matter was pending in litigation since the year 1994. Even otherwise also, the delay of three years in such facts and circumstances where the cause of action is continuing which occurred every month when less payment was given to the petitioners, the petitioner's petition should not have been dismissed.
(3.) Therefore, we are of the considered opinion that the order impugned dated 23.11.2011 deserves to be set aside and the writ petition of the petitioner deserves to be allowed. The respondents are directed to implement the award and give all benefits to the workmen under NCWAs-III & IV within a period of three months from the date of receipt of a copy of this order. The L.P.A. is allowed.;