KIRAN DEVI Vs. KRSARWANI ZADA BHANDAR

JUDGEMENT

(1.) This is an appeal preferred by the workmen who were respondents to the writ petition which succeeded in the Court below. The writ petition was filed by the employer Company.

(2.) The facts are short and simple. The appellants were terminated by the employer in 1995 and an industrial dispute being raised, the appellants succeeded in obtaining an industrial award in their favour dated September 29, 1999 published on October 31, 2000 to the effect that they would be reinstated in service and until such reinstatement they would be paid arrears of wages as per the Minimum Wages Act. Reinstatement did not follow forthwith; as such an application was made under Section 6-H (1) of the U.P. Industrial Disputes Act, 1947 for; payment of arrears of wages as per award. A recovery certificate was issued on November 24, 2001 and substantial payments were received by the workmen in December, 2002. It should be mentioned that the writ petition had been filed by the employer challenging the award published on October 31, 2000 but the same was dismissed on March 5, 2002. Although, some payments of arrears of wages were received in December, 2002, the appellants still not being; reinstated, they filed a second application under the said Section 6-H(1), this time claiming arrears of wages for the period from January 2001 to July 2002. The workmen were again successful in the sense that a recovery certificate dated February; 26, 2004 was again issued in their favour as well as a favourable order dated April 30, 2004 passed by the Additional Labour Commissioner.

(3.) These two instruments were challenged in the writ petition and by an order dated the' August 8, 2005 the Hon'ble single Judge disposing of the writ petition, has set aside and quashed these two instruments standing in favour of the appellants. On January 12, 2003 the appellants have been reinstated in service and therefore, the question of payment of arrears of wages will probably come to an end with this litigation. In the impugned order the Hon'ble single Judge has found in favour of the employer on the following two grounds: