AAJ PRAKASHAN LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) HEARD counsel for the petitioner, learned standing counsel and Sri Satish Chaturvedi for the respondent. This petition is directed against an order dated February 26, 2008 passed by the respondent No. 1 rejecting an application filed by the petitioner in proceedings under Section 33-C-2 of the Industrial Disputes Act.

(2.) THE respondent No. 2 was employed with the petitioner when his services were dispensed with on May 1, 1986 and treating it as an industrial dispute, it was referred under section 4-K of the U. P. Industrial Disputes Act, which was registered as Adjudication Case No. 58/1987 and an award was rendered therein on june 17, 1992 granting reinstatement and back wages from the date of reference i. e. November 9, 1987. This award was subjected to challenge by the petitioner in writ petition No. 15699/1994 and this Court vide its detailed and reasoned judgment dated July 5, 2004 dismissed the petition. The petitioner thereafter filed a review application which was also dismissed by a reasoned order dated April 17, 2007. The employee was not being paid his back wages and other benefits arising out of the award and thus he made an application under section 33-C-2 where the petitioner filed his objection claiming that back wages cannot be given, as he was gainfully employed but the said application has been rejected by the impugned order.

(3.) THE only argument urged on behalf of the petitioner is that the workman was gainfully employed and, therefore, he was not entitled to wages especially in view of the observation made by this Court in the review order dated april 17, 2007 and respondent No. 1 has erroneously rejected the objections.