KAUSHAL MANI Vs. COLLECTOR UTTARKASHI

JUDGEMENT

(1.) By the present writ petition, the petitioners have prayed for a writ of mandamus directing the respondent No. 1 to pay the amount in pursuance of the recovery certificate dated 26.8.2002 issued by the respondent No. 2.

(2.) BRIEF facts giving rise to the present writ petition are that the petitioners are the workmen, who were employed as daily wager. Petitioners have raised an industrial dispute and claimed permanent status with all benefits. The dispute was referred to the Labour Court. The Labour Court, after hearing the parties, passed an order regularising the petitioners and other workmen with all benefits of permanent employee w.e.f. 1st October, 1988. An award to that effect was passed on 28.3.1995. The said award was challenged by the respondent No. 3 before the Allahabad High Court in writ petition No. 12331 of 1996. On 13th February, 1998, the said writ petition was dismissed and the award was confirmed.

(3.) THE grievance of the petitioners is that after confirmation of the award dated 28.3.1995 by the Hon'ble Apex Court, when the respondent No. 3 did not comply the same, the petitioners filed an application under Section 6 -H(1) of the U.P. Industrial Disputes Act for implementation of the award. Thereafter, an application under Section 33 -C(2) of the Industrial Disputes Act was filed by the petitioner before the Labour Court, which was allowed on 30.8.2001.