HOTEL ALKA Vs. JOINT LABOUR COMMISSIONER, DELHI ADMN

JUDGEMENT

(1.) The question which is required to be answered by way of the present order is as to whether a party can be denied adjudication in a prior application on the ground that it subsequently filed an application seeking a similar relief which it withdrew.

(2.) Shri Daulat Ram and Shri Rajesh Massey were working with the petitioner. They challenged the termination of their services through the Hotel Mazdoor Union which took up their cause and demanded their reinstatement in service. This matter was referred to joint arbitrators with the consent of the parties. By an award running into ninety two pages which is dated 17th May, 1988, the arbitrators granted reinstatement to these workmen without back wages and directed the petitioner to reinstate the respondents into service with effect from one month from the date of the award. This award was published in accordance with the provisions of Section 17 of the Industrial Disputes Act, 1947 on 14th June, 1988.

(3.) It appears that the workmen did not assail the denial of back wages. The present petitioner also did not assail the award by any proceedings available to it in law. Upon publication on 14th June, 1988, the award became enforceable and binding on all parties.