VIVEK METAL INDUSTRIES Vs. P O L C

JUDGEMENT

(1.) By order dated 21.1.2010, the Petitioner was directed to pay the litigation expenses of Rs. 7,500/- to the workman within four weeks. Today, even after one year, these litigation expenses have not been paid although the subsequent order dated 28.5.2010 notices this position and once again on 28.5.2010 four weeks time was granted. Today, the counsel for the Petitioner seeks to give a pay order of Rs. 7500/-, No. 985289 of Bank of Baroda which is dated 22.5.2010, and which obviously is an expired pay order. Quite clearly, the Petitioner is wasting the time of this Court and accordingly, subject to payment of costs of Rs. 2,500/- to the Respondent, litigation expenses of Rs. 7500/- be now positively tendered to the workman through his counsel within a period of four weeks from today.

(2.) By means of the present writ petition challenge is laid by the management to the impugned award dated 23.8.2004 whereby the Respondent/workman was held entitled to reinstatement with continuity of service and 50% back wages last drawn by him for the intervening period till the reinstatement.

(3.) Counsel for the Petitioner urges before this Court that the Respondent was never employed by the Petitioner and attention of this Court is invited to page No. 41 of the paper-book which is a challan for deposit of E.S.I dues. Counsel for the Petitioner argued that this document contains the list of workmen and this list does not include the name of the Respondent/workman. A reference to this document however shows that there is no list with this document and the document itself does not contain name of such a single workman.