MANAGER NAAZ CINEMA Vs. IQBALUNISA LATIFMIYAN SAIYED

JUDGEMENT

(1.) The appellant original petitioner by way of this appeal under Clause 15 of the Letters Patent calls in question the legality, validity and propriety of the order passed by the learned Single Judge dated 18th June 2008 in Special Civil Application No.7819 of 2008 wherein the learned Single Judge has dismissed the petition filed by the appellant challenging the award passed by the Labour Court, Nadiad dated 4th December 2007 under the Industrial Disputes Act, 1947.

(2.) The brief facts relevant for the purpose of deciding this appeal can be summarised as under : -

(3.) The appellant - original petitioner is engaged in the business of running a cinema known as Naaz Cinema in Kheda Town, Taluka Mehmdavad, District Kheda. The deceased husband of the respondent raised an industrial dispute against the appellant as his services were illegally terminated with effect from 1st May 1983. The deceased workman prayed for reinstatement to his original post with continuity of service and full back -wages. The industrial dispute was referred to the Labour Court, Nadiad vide Reference (LCN) No.1080 of 1983. On 15th June 1998 the Labour Court, Nadiad passed an award directing reinstatement of the deceased workman to his original post with continuity of service and 75% of the back -wages from the date of termination till 16th June 1992. The deceased workman preferred Recovery Application No.385 of 1999 under Section 33(C)(1) of the Industrial Disputes Act, 1947 ("I.D. Act", for short) to recover an amount of Rs. 68,885.93 with 18% interest towards outstanding dues of the back -wages, bonus, gratuity and leave encashment. It appears from the record that during the pendency of Recovery Application No.385 of 1999 deceased workman preferred Payment of Wages Application No.13 of 1999 before the Payment of Wages Authority in respect of the same claim. The record reveals that Recovery Application No.395 of 1999 was rejected for non prosecution on 14th February 2002 and 11th September 2006 the Payment of Wages Authority rejected the Application No.13 of 1999 on the ground that the application was not maintainable for the claims made by the deceased workman for the recovery of the amount as per the award. A fresh Recovery Application No.80 of 2006 was filed before the Labour Court, Nadiad under Section 33C(1) of the Act claiming the outstanding back -wages of Rs.39,486.03 and leave encashment amount of Rs.1,920.00 along with 18% interest.