BHAGWATI PRINTERS PVT. LTD Vs. RAM CHANDER SINGH

JUDGEMENT

(1.) Since CM 7618/2012 under Section 17B ID filed belatedly, this Court vide order dated 3 rd October, 2012 listed both the petition and the said application for hearing together.

(2.) By the present petition the Petitioner challenges the order dated 3 rd December, 2008 whereby after passing of the award dated 7 th May, 2008 the learned Trial Court in an application under Rule 28 of the Industrial Dispute (Central Rules) 1957 (in short the ID Rules) directed the Petitioner to reinstate the workmen and in lieu of back wages to pay a compensation of Rs. 50,000/-

(3.) Learned counsel for the Petitioner contends that by the award dated 7 th May, 2008 the learned Trial Court though held that the termination of the Respondent and 14 other workmen was illegal, however specifically on the issue of reinstatement with back wages awarded lumpsum compensation amounting to Rs. 85,000/- to the Respondent and other 14 workers. The impugned order dated 3 rd December, 2008 amounted to reviewing the award dated 7 th May, 2008 and was beyond the jurisdiction of the learned Trial Court. Reliance is placed on Kapra Mazdoor Ekta Union v. Management of Birla Cotton Spinning and Weaving Mills Ltd. & Ors., 2005 2 LLJ 271; Uttar Pradesh State Road Transport Corporation Vs. Imitiaz Hussain, 2006 1 LLJ 714 and U.P. State Road Transport Corporation Corporation, Kanpur Vs. Babu Singh & Ors., 2003 LLR 808. It is further contended that the statement of the Managing Director of the Petitioner on the basis of which the Respondent had rejoined the service on 2 nd January, 2006 was without prejudice to his rights and contention and any concession made during the proceedings to mitigate the loss cannot be treated as a preliminary award and acted upon. Thus the impugned order be set aside.