HINDUSTAN AERONASUTICS LIMITED Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the parties. An award dated 18.5.2001 was passed by the Labour Court directing reinstatement with continuity of service and with full back wages. This award was challenged in Writ Petition No. 42018 of 2001, which was dismissed by judgment dated 15.10.2004. A Special Leave Petition was filed, which was also dismissed by an order dated 25.7.2005. In the meanwhile the workman died on 21.3.2002. Pursuant to the award certain proceedings under Section 6-H(1) of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) was initiated and a recovery certificate for Rs. 13,73,235/- was issued which was recovered from the employers.

(2.) A fresh application under Section 6-H(1) of the Act was filed for recovery of the wages for the period October 2001 to March 2002, amounting to Rs. 6,13,627/-. The petitioner disputed the calculation made by the workman and submitted that the calculation made is incorrect. Inspite of raising a specific objection, the Additional Labour Commissioner without assigning any reason has passed the impugned order directing recovery of Rs. 6,13,627/-. The petitioner, being aggrieved by the said order, has filed the present writ petition.

(3.) Before this Court, the petitioner contended that a sum of Rs. 2,07,212/- was payable and that the recovery of Rs. 6,01,489/- was wholly illegal, arbitrary and is not based on any cogent reason. This Court, by an interim order dated 23.5.2007, directed the petitioner to deposit the admitted amount of Rs. 2,07,212/-, which the petitioner had deposited, which the heirs of the workman-respondents must have withdrawn.