MEHAR SINGH Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This petition for revision, by Mehar Singh,Charan. Dass and Ujaggar Singh has arisen in the following circumstances.The above named three petitioners were partners of Messrs Be-BclgaRestaurant & Standard Burfi. Certain disputes arose between themanagemenl and the workmen and the Delhi Administration, videits Notification dated 14/02/1967 referred the disputes to theLabour Court for adjudication. On 5/05/1967, Shri Ved PrakashAggarwal, the Labour Court passed an interim award allowing interimrelief to the workmen. The interim award was that the managementshall pay 50 per cent of the wages, besides Rs. 12.50 per month byway of food allowance, to all the workmen from the date of the orderof dismissal till the final decision, of the case or till the closure of theconcern, whichever is earlier. The interim award was published inthe Delhi Gazette on 6/07/1967, under section 17 of the IndustrialDisputes Act (hereinafter called the "Act"). Under section 17A,the award became enforceable on the expiry of 30 days from the dateof its publication under section. 17. Under sub-section. (3) of section18 of the Act, the award became binding on the parties with effect fromthe date it became enforceable. The management did not complywith the interim award. On 24/04/1968, Delhi Admiaistrationthrough the Labour Commissioner, filled a complaint under section29 of the Act against the petitioners for failure to comply with theaward. The workmen made an application under section 33 C(l)to the appropriate government for the recovery of the money due fromthe management. On 1 4/05/1968, the Labour Commissioneracting for the appropriate government, issued certificate for recoveryof Rs. 28,602.31 P as arrears of land revenue from the management.

(2.) On 18/05/1968, the petitioners filed a petition under Article 226of the Constitution of India for quashing the notice of demand for thesum of Rs. 28,602.31 in this Court. Alongwith the pstition, thepetitioners moved an application for stay of the recovery of Rs.28,682.31. The said petition came up for consideration on 20/05/1968 before Hon'ble Chief Justice Mr. Justice I.D. Dua (as his Lordship then was) and Mr. Justice V. S. Deshpande. Their Lordshipspassed the following order on the petition:

(3.) On 27/05/1968, Dua J. modified the order dated 20/05/1968,and passed an order directing the petitioners to deposit the amountin the Court within two weeks and further directed that the amount benot paid to the workmen without an order of the court. The petitioners in compliance of this order deposited the requisite amount.On 18/02/1971, the writ petition in view of some compromisebetween the parties was dismissed as withdrawn.