VIJAY SHANKER Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Shiv Krishna Bahadur, learned counsel for petitioner and Sri Subodh Kumar, learned counsel for respondents. The Labour Court made an award in an industrial dispute arising out of reference on 13.8.1991. The petitioner was an employee of the Telecommunication Department as it then stood. He moved an application before the Assistant Labour Commissioner (Industrial), Kanpur for execution of the said award. The respondent No. 1 contested the matter and the Tribunal passed an order on 1.3.1997 that since the department is not an industry, therefore, the award cannot be executed. Aggrieved the petitioner filed writ petition No. 17629 of 1997 which was allowed on 2nd May, 2000 and the matter was remitted to the Industrial Tribunal-cum-Labour Court, Kanpur to decide the matter afresh holding that the Telecommunication Department is an industry within the meaning of Industrial Disputes Act, 1947.

(2.) The matter again proceeded and now the Industrial Tribunal has passed the impugned order stating that since the Telecommunication Department is no longer in existence and is now a Corporate Body constituted as Bharat Sanchar Nigam Limited, the award cannot be executed.

(3.) The petitioner challenged the aforesaid order dated 3.8.2006 contending that the respondent No. 3 has transferred its assets and liabilities to the corporation which was constituted and as such, the award is excusable against the B.S.N.L. He submits that the impugned order is absolutely erroneous and does not conform the law.