YOGA EMPLOYEES ASSOCIATION Vs. UOI

JUDGEMENT

(1.) This appeal is directed against the order dated 10th October, 2006 whereby the writ petitions filed by the appellants herein were dismissed with costs. M/s Vishwayatan Yogashram was a registered society under the Societies Registration Act. It was receiving grant-in-aid from the Ministry of Health and Family Welfare.

(2.) The appellants at one stage were working with the said Society. On 30th April, 1990, the said Yogashram declared a lock out at its units in Delhi as well as at Katra. The aforesaid lock-out was challenged before the Industrial Tribunal, Delhi by filing a reference. An award was passed by the Industrial Tribunal, Delhi declaring the lock-out as illegal and unjustified. Consequent thereof, the appellants have taken up a plea that they became entitled to full wages for the lock-out period.

(3.) In the said reference proceedings before the Industrial Tribunal, it is an admitted position that Union of India was not a party. Pursuant to the said award, the said Yogashram paid wages for the period from 30.4.1990 to 30.9.1990 on 5.3.2002 following an undertaking given in the court on 22.2.2002 in Civil Writ Petition No.1300/2002, which was filed by the said Yogashram to challenge the award. The prayer for grant of relief and benefit under the provisions of Section 17-B of the Industrial Disputes Act was, however, rejected.