RAM LAL FRUIT JUICE Vs. P K SAXENA

JUDGEMENT

(1.) The applicant in this application is respondent No. 2 in the Writ Petition No. 4921/1995. The writ petition was filed by M/s. Ram Lal Fruit Juice, shop NO.' 6, Sant Pura, near Gurudwara, New Delhi-110 018 challenging die award passed by respondent: No. 1 - Presiding Officer, Labour Court No. IX, holding that termination of service of respondent No. 2, Shri Mahadev Pandit, was illegal and that the was en titled to reinstatement with full back wages. The writ petition was admitted by this Court on 22.12.1995 and on the same day an order was passed in C.M. 8179/1995 staying the operation of the impugned award until further orders. However, on 8.5.1997 a further order was passed by this Court in C.M. 8179/1995 directing that on the petitioner's depositing a sum of Rs. 10.000.00 with the workman within one month there shall be stay of the impugned award. However, the petitioner did not deposit the sum of Rs. 10,000.00 within the stipulated time. Later by order dated 24.11.1997 this Court stayed the operation of the impugned award till 19th January, 1998 on condition that the petitioner would pay a sum of Rs. 12,000.00 to the workman. On 24.11.1997 itself the petitioner handed over a sum of Rs. 12,000.00 to the workman who was present in Court. On 19.1.1998 the stay order passed on 24.11.1997 was extended till the disposal of the writ petition. Thus the operation of die impugned award stands stayed by this Court.

(2.) Respondent No. 2 workman has filed this application C.M. 4963/1997 under Section 17-B of the Industrial Disputes Act, 1947. The prayer in this application is extracted below:

(3.) The prayer of the applicant for payment of arrears of back wages from 28.4.1987' cannot be entertained at this stage since the operation of the impugned award stands stayed by this Court till the disposal of the writ petition. Only the applicant's claim under Section 17-B of the lndustrial Disputes Act can be considered.