JAGIR SINGH Vs. DURRUNG STEELS LIMITED

JUDGEMENT

(1.) All the petitioners were the labourers under the employment of respondent no. 1. After rendering service for 12 years in the company, they were retrenched. So, all the petitioners challenged their retrenchment with the prayer for reinstatement and back-wages. The Labour Court passed the award on 26.3.1996 directing their reinstatement with 50 per cent wages for the period since termination to the date of award. The premise of this award was that the retrenchment of all the labourers was violation of Section 6N of the U.P. Industrial Disputes Act (hereinafter called as the State Act). So, the employer filed the writ petition before the Allahabad High Court which was eventually made over to Uttarakhand High Court for hearing and the same is bearing number 962/2002. This writ petition was dismissed in non-prosecution on 2.9.2003. After such dismissal of this writ petition, an application was moved by the labourers under Section 6H(1) of the State Act on 10.12.2003 to the State Government for recovery of the wages w.e.f. 8.1.1991 to 31.11.2003 to the tune of Rs. 62,14,275/-. Deputy Labour Commissioner issued the recovery certificate by an order dated 23.12.2004. Meanwhile, further application was moved by the labourers in 2005 under the same provision of the State Act claiming an additional amount of Rs. 21,06,000/- w.e.f. 1.12.2003 to 8.11.2005. Thus, they wanted the recovery of a sum total of Rs. 83,20,275/-.

(2.) The employer moved their representation/objections before the Deputy Labour Commissioner and on such move, the recovery was recalled by an order dated 10.3.2006.

(3.) It is also pertinent to mention that while these proceedings before the Assistant Labour Commissioner were going on, the writ petition no. 962/2002 came up for hearing and this Court vide its judgment and order dated 9.8.2005 confirmed the award of the Labour Court.