STATE OF GUJARAT Vs. MOHANBHAI SARADABHAI VASAVA BHARUCH

JUDGEMENT

(1.) The above Letters Patent Appeal was filed against the judgment and order passed by the learned Single Judge in Special Civil Application No. 2565 of 1997. That petition was filed by the respondents (original petitioners) for an appropriate writ, direction or order declaring inaction on the part of the appellant in not implementing an award passed by the Labour Court (Annexure A to petition) on 10th October 1995 as illegal, unjust and improper. A direction was sought against the authorities to implement and execute the award.

(2.) The learned Single Judge by a judgment and order dt. August 28, 1997 allowed the petition and observed that illegality was committed by respondent authorities in "sitting tight" over the award for a period of more than two years. A direction was, therefore, issued to implement the award forthwith but in no case later than September 5, 1997. Rule was accordingly made absolute.

(3.) Against the said judgment, this appeal was filed. It was mainly contended that the learned Single Judge has committed an error of law and he exceeded his jurisdiction in virtually converting the High Court as executing Court by exercising extraordinary powers under Art. 226 of the Constitution to get an award passed by the Tribunal executed and implemented. It was also stated that the award was passed in 1995, which was decided to be challenged, but there was some delay in filing a petition. The learned Single Judge, in these circumstances, could not have directed the authorities to execute the award. Such a course was open to a workman by resorting to appropriate forum by invoking provisions of Sec. 33-C of the Industrial Disputes Act, 1947. It was also stated that not only that the said remedy was available to the workmen, but in fact, they had availed of that remedy and proceedings were pending, but that fact was suppressed by them.