ANIL KUMAR SHEEL Vs. ASST LABOUR COMMISSIONER

JUDGEMENT

(1.) VIDE the present petition, the petitioner seeks directions thereby directing the respondent No.2 to implement the award dated 20.09.2006 passed in I.D. No. 41/06 (Old I.D. No. 44/01) by the Industrial Tribunal No.I, New Delhi.

(2.) MR . Rajiv Agarwal, learned counsel appearing on behalf of the petitioner submitted that petitioner joined the respondent No.2 as LDC w.e.f. 20.10.1995 on monthly paid/muster roll worker and accordingly paid wages as fixed and revised from time to time under the Minimum Wages Act, 1948. The services of the petitioner were terminated in the month of June, 1997. Being aggrieved, the petitioner raised an industrial dispute, which was decided vide award dated 20.09.2006, whereby, the petitioner was held entitled to reinstatement in service with effect from June, 1997, with 50% of the back wages as per the Minimum Wages Act, 1948, with all consequential benefits and continuity of service. However, the said award has not been implemented in its letter and spirit.

(3.) ACCORDINGLY , the petitioner made a legal demand notice dated 26.01.2007 for implementation of the award. Neither any reply was sent nor award was implemented by the respondent No.2. Thereafter, the petitioner made complaint dated 27.12.2012 under Section 2(ra) read with Item No. 13 of Schedule V of the Industrial Disputes Act, 1947, (for short 'the Act'), punishable under Section 25U of the Act with the respondent No.1. However, till date neither the award has been implemented nor the respondent No.2 has filed any reply to the aforesaid complaint though a considerable period has already been lapsed since passing of the said award dated 20.09.2006.