INDRAPRASTHA POWER GENERATION CO Vs. ISHWARI DEVI

JUDGEMENT

(1.) THE petitioner management has filed the present writ petition being aggrieved by an order dated 19th January, 2005 passed by the Labour Court on an application filed by the respondent workman under Section 33-C (2)of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' ).

(2.) THE facts leading to the filing of the aforesaid application by the respondent workman are that on 11th August, 1973, an agreement of Wage revision was entered into by the petitioner management with its workers' union. However, certain points of dispute were referred for decision to the sole Arbitrator, Sh. G. Venkata Swamy on 18th October, 1973. The arbitrator gave an interim award on 24th October, 1973 which was implemented by the petitioner management. The arbitrator gave his final award on 21st march, 1977 but the same was not implemented by the petitioner management. As a result, the workers' union raised a dispute which was referred to the Industrial Tribunal by the appropriate authority vide order dated 17th February, 1978. The Industrial Tribunal passed an award dated 28th January, 1988 whereunder the award of the sole arbitrator was confirmed and the petitioner was directed to implement the same.

(3.) AGGRIEVED by the aforesaid award, the petitioner management challenged the same by filing a writ petition, which was dismissed by the high Court. The petitioner management assailed the aforesaid order of the high Court before the Supreme Court by filing an SLP which was also dismissed on 20th September, 1988. Thus, the litigation pertaining to the award dated 28th January, 1988 attained finality. However, even thereafter, the petitioner management did not implement the award and make payments of the salaries to the respondent workman.