UOI Vs. PREM KUMAR

JUDGEMENT

(1.) THE petition impugns the order dated 6 th June, 2005 of the Labour Court on an application filed by the respondent workman under Section 33 C (2) of the Industrial Disputes Act, 1947 and directing the petitioner Railways to pay a sum of '1,80,000/- to the respondent workman.

(2.) NOTICE of the writ petition was issued. Vide order dated 20 th October, 2008 the petitioner directed to deposit the amount aforesaid of '1,80,000/- with the Registrar General of this Court and subject to the said deposit, the operation of the impugned order was stayed. The said amount is informed to have been deposited and kept in a fixed deposit.

(3.) IT is not in dispute that pursuant to the aforesaid order of CAT the respondent workman was made to join duty in the year 1995 itself. The respondent workman in or about the year 2000 filed the application aforesaid under Section 33 C(2) before the Labour Court for computation of the amount due for the period March, 1990 to March, 1995 i.e. for the period during which the petitioner Railways claimed the respondent workman to be absconding/ on unauthorized absence and the respondent workman claimed to have been refused duty and the period of the pendency of the proceedings before CAT.