ROSHINLAL GUPTA & SONS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India impugns the Award dated 23rd March, 2002 of the Labour Court-X, Delhi in I.D. No.2258/95 (old I.D.No.381/88) answering the following reference:-

(2.) On 3rd January, 2003, notice of the petition was issued to the respondent no.2 workman and vide ex parte order the operation of the Award was stayed subject to the petitioner depositing the entire back wages in terms of the Award of the Labour Court in this Court. The order dated 22nd January, 2003 records that an amount of Rs.1,47,000/- has been deposited in this Court. However since as per the calculation of the Labour Court, the back wages came to Rs.2,20,269/- the petitioner sought permission to deposit the balance amount after seeking clarification from the Labour Court. The respondent no.2 workman failed to file counter affidavit inspite of opportunity. On 9th March, 2004, Rule was issued in the petition and the ex parte ad interim order dated 3rd January, 2003 made absolute till the disposal of the writ petition with the direction that the amounts deposited by the petitioner be kept in a fixed deposit, to be renewed from time to time.

(3.) The Labour Court, in the impugned Award, has observed:-