MANAGEMENT OF EXECUTIVE ENGINEER Vs. RAM SEWAK

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of award dated 4.4.2003 passed by Industrial Tribunal No.II, Delhi, whereby the Tribunal held that the workman was entitled for full wages for the period of non employment with effect from 8th March, 1991 till 14th September, 1999.

(2.) Briefly, the facts are that the respondent Ram Sewak was employed as muster roll employee for maintenance of Arunachal Bhawan, Kautalya Marg, Chankaya Puri, New Delhi by Executive Engineer, Capital Project, Civil Division- I, Doimukh, P-I, Lalukas, Arunachal Pradesh on 10.4.1981. He alleged that his services were terminated on 4th November, 1983 and he raised an industrial dispute about the termination of his services. Vide an award dated 17th March, 1986, the Industrial Tribunal-II, Delhi in ID No. 117/85, directed reinstatement of the respondent with back wages. The respondent alleged that the petitioner did not reinstate the workman after 17th March, 1986, however, paid back wages from 3rd November, 1983 to 30th June, 1986. The management directed the workman vide order dated 8.3.1991 to resume duty at Doimukh. The workman, on 6th April, 1991, sent a reply that he would not join at Doimukh since he was to be reinstated at Delhi. The management replied to him that no vacancy was there at Arunachal Bhawan so he should resume duties at Doimukh, where he would be provided work. The plea of the management was that in the year 1990, Tori Sub Division, which was earlier functioning in New Delhi, under which respondent was employed had closed down its office after the construction of Arunachal Bhawan was over. The construction, Sub Division was under Doimukh Division and the entire staff was transferred to Doimukh Negarlaqun Division. The petitioner, therefore, told the respondent to join at Doimukh. The respondent did not join at Doimukh Division where the establishment had moved after completion of the work. The respondent raised an industrial dispute regarding not posting him at Delhi. The appropriate government on 2nd September, 1999, made the following reference for adjudication to the Industrial Tribunal:

(3.) The respondent had also filed an application under Section 33-C(2) of the Industrial Disputes Act 1947 being LC No.338/1994 claiming wages from 1.7.1986 to 31.3.1994 and it appears he was granted wages from 1.7.1986 to 7.3.1991 amounting to Rs.34,019/-. The Labour Court No.VII vide its order dated 8.7.1996 held that the respondent had been reinstated vide letter dated 8th March, 1991 but did not join, so he was not entitled for wages after 8.3.1991.