INDIAN REFRIGERATION INDUSTRIES Vs. LT GOVERNOR

JUDGEMENT

(1.) By this writ petition, the petitioner seeks to quash the recovery order (Annexure-I), impugned notice dated 25.2.1988 (Annexure XI), and impugned show cause notice dated 26th September, 1988 (Annexure XVII).

(2.) We may state a new relevant facts leading to the present writ petition.

(3.) There was an industrial dispute in connection with termination of 11 workmen and on reference of the dispute to the Addl. Industrial Tribunal No. 1, Delhi, an Award (Annexure II) dated 18th December, 1973 was given. The termination was held to be illegal and the 11 workmen were ordered to be reinstated with continuity of service with full back wages w.e.f. 9th January, 1971. It was also observed that, that would be without prejudice to such disciplinary action as the management may like to take against the six permanent workmen arising out of charges of misconduct framed against them. The Award was challenged by the present petitioner before this Court in C.W.P. No. 381/74 and this court on 26th April, 1983, maintained the Award by which the termination of the workmen was quashed but set aside the direction of reinstatement and instead awarded compensation to all the respondents equal to 75 per cent of the back wages from 9.1.1971 till the date of the Judgment i.e. 26.4.1983. After the award, it appears that disciplinary proceeding were initiated against the six workmen and dismissal order dated 13th February, 1974 were passed against them. However, the workmen presented an application under Section 33-A of the Industrial Disputes Act which application was withdrawn by the respondents on 12th April, 1984. However, in the aforesaid writ petition C.M.P. No. 3632/84 was filed", on which the agreed order was passed which is as under :-