ATUL KANTI TRIPATHI Vs. KUBER MEDIA LTD.

JUDGEMENT

(1.) This appeal is directed against the order dated 25 th November, 2016 passed by the learned Single Judge dismissing WP (C) No. 6008/2014 filed by the Appellant/Workman and upholding an order dated 7th June, 2014 passed by the Labour Court rejecting the Appellants execution petition (Ex. No. 50/2013) on the ground that it was filed beyond the period of limitation.

(2.) The background facts relevant to the present appeal are that an award was passed by the Labour Court on 10th March, 2010 directing the Respondent Management to reinstate the Appellant with full back wages, continuity of service and consequential benefits within thirty days from the publication of the award. The failure to make such payment would make the management liable to pay interest @ 12% p.a. till the actual date of payment to the Appellant. The award was published on 17th August, 2010 and became enforceable, 30 days after publication, on 16th September, 2010.

(3.) On 7th November 2013, the Appellant filed an execution petition under Section 33-C of the Industrial Disputes Act, 1947 (,,Act). The said application was captioned as being under Section 33-C, without specifying whether it was under sub-section (1) or sub-section (2) of Section 33-C of the Act. In his writ petition before the learned Single Judge, the Appellant has stated that sometime in November 2013, he learnt that the liquidation proceedings against the Respondent Company had come to an end with the High Court, by an order dated 11th May 2012, withdrawing its earlier order appointing a liquidator.