YOGA EMPLOYEES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The respondent No.2 is a Society registered under the Societies Registration Act. The Society had been receiving regular grant-in-aid from the Ministry of Health and Family Welfare. The petitioner association is a Union of ten workers of the respondent No.2. The other petitioners are those ten workers. On 30.4.1990, the respondent No.2 declared a lock-out at its units in Delhi as well as at Katra which was challenged in industrial disputes referred to the Industrial Tribunal No.1, Delhi and to Industrial Tribunal, Jammu respectively. The terms of reference to the Industrial Tribunal, Delhi were: "Whether the workman are entitled to wages for the lock-out period commencing 30.4.90 and if so, what directions are necessary in this regard." The respondent No.2 declared closure w.e.f. 30.4.90. Delivering the award, the Industrial Tribunal, Delhi declared the lock out illegal and unjustified. It also expressed an opinion that the action of the respondent No.2 in declaring the closure was a sham. It held that the petitioners were entitled to full wages for the lock out period commencing from 30.4.90 on wards . The respondent No.2 paid wages for the period 30.4.90 to 30.9.90 on 5.3.2002 following an undertaking given to the Court in 22.2.2002 in Civil Writ Petition No.1300/2002 which was filed by the respondent No.2 to challenge the award. The petitioners filed an application under Section 17-B of the Industrial Disputes in that writ petition. This Court vide order dated 25.7.2003 held that since no order of reinstatement has been made by the Industrial Tribunal, the provisions of Section 17-B were not applicable. In the meantime, a recovery certificate was issued by the respondent No.3, Labour Commissioner for a sum of Rs.88,69,533/-.

(2.) The Labour Court, Katra on the other hand passed an award on 26.7.94 declaring the lock-out as illegal and directed full back wages for the lock-out period. The workmen of Jammu then filed a writ petition in the High Court of Jammu and Kashmir seeking a mandamus to absorb the petitioners in the Central Research Institute of Yoga being SWP No.1158/93. In that writ petition an injunction order was passed on 24.5.95 pending service of notice directing the respondents to consider the petitioners if they were otherwise eligible.

(3.) The petitioners alleged that 15 employees of Jammu were absorbed in Delhi following an order of the High Court of Jammu and Kashmir on 28.2.96. The petitioners claim that those employees are regularly getting salary while the petitioners are deprived of reinstatement and wages.