UNION OF INDIA Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS appeal arises out of the impugned order dated 7. 12. 2005 passed by the learned Single Judge in the writ petition filed by the respondents. The writ petition was filed by the respondents seeking the following reliefs:-

(2.) THE learned Single Judge entertained the aforesaid writ petition and while issuing notice, passed an interim order that in the meanwhile status quo as to the engagement of the respondents should be maintained. The respondents filed a contempt petition alleging wilful violation of the aforesaid interim order passed by the learned Single Judge. It was also alleged that despite the said interim order, the services of the respondents were terminated and they were disengaged from the work. The aforesaid writ petition and the contempt petition came up for hearing before the learned Single Judge and the same were disposed of by order dated 7th December, 2005 by issuing the following directions:-

(3.) IN the meantime and in terms of the prayer made in the writ petition, the dispute between the parties was also referred to the Central Government industrial Tribunal-cum-Labour Court. In the order dated 7th December, 2005 whereby the learned Single Judge disposed of the writ petition, status quo order was made effective for a further period of four weeks with a direction to the workmen to approach the Tribunal for further interim orders. However, a direction was issued to the appellants herein to ensure that full payment of wages is given to the respondents for the period from July, 2004 to 1st december, 2004 There was also a third direction that the appellants should also bear the liability of 50% of the wages payable for the period 2nd December, 2004 to 19th October, 2005. However, it was made clear in the said order itself that the aforesaid order for payment of wages would be subject to the final orders which the Tribunal might pass having regard to the final outcome of the proceedings either varying or modifying the direction for the aforesaid period i. e. , 2nd December, 2004 to 19th October, 2005. It is the specific case of the appellants that they have complied with the directions given in (ii) as they ensured that full payment of wages has been made for the period between July, 2004 to 1st December, 2004