JAGIR SINGH Vs. DURRUNG STEELS LIMITED

JUDGEMENT

(1.) In this Special Appeal, the appellants have assailed the judgment dtd. 23/2/2015 rendered by the learned Single Judge in Writ Petition No. 2065 of 2010 (M/S). The learned Single Judge disposed of the writ petition preferred by the writ petitioners-who were twenty-seven in number, by holding that the employer will pay wages of six months @ last drawn salary to each of the employees as compensation in lieu of reinstatement.

(2.) This case has a checkered history. The appellants/the predecessors-in-interest were serving as workmen at the Industrial Unit of M/s. Durrung Steels Limited, situated at Industrial Estate, Ram Nagar, Roorkee. After serving for about twelve years, they were retrenched. Their retrenchment was challenged, and the Labour Court passed an award on 23/6/1996. Finding the retrenchment to be in breach of Sec. 6N of the U.P. Industrial Disputes Act, 1947 (for short the 'UPID Act'), the Labour Court directed the reinstatement of the twenty-seven workmen with 50% back wages. The challenge to the award by the respondent-Employer before this Court was rejected, and the award was upheld.

(3.) The workmen moved the State Government under Sec. 6-H(1) of the UPID Act. In the application filed by the workmen, they computed the wages that, according to them, were payable by the respondents. Copies of these applications were placed on the writ record, including as Annexure-1. The amount claimed by the workmen in one of these applications was Rs.32,14,275.00. Accordingly, a recovery certificate was issued on 10/3/2006. The workmen moved another application under Sec. 6-H(1) of the UPID Act claiming an additional amount of Rs.21,06,000.00 for the period 1/12/2003 to 8/11/2005. Thus, the workmen sought recovery of Rs.83,20,275.00.