ELECTRICITY DISTRIBUTION DIVISION Vs. AJUDDI

JUDGEMENT

(1.) The petitioners before this Court have challenged the Recovery Certificate dated 19.4.2011 passed in Misc Case No. 8 of 2009 arising out Adjudication Case No. 151 of 1994 and the Citation dated 28.6.2011 issued by the Tehsil Authorities in pursuance of the said Recovery Certificate.

(2.) The facts relevant for the controversy are to the effect that respondent no. 1 was initially engaged on muster roll as daily wage employee at the rate of Rs. 25/- per day sometime in the year 1983. The services of respondent no. 1 were terminated on 11.5.1993 without paying him retrenchment compensation or notice pay. The respondent no. 1 raised an industrial dispute and reference was made under Section 4K of the U.P. Industrial Dispute Act, 1947 to the Presiding Officer, Labour Court by the State Government. The Labour Court passed an ex-parte Award on 6.9.1996 against which Award the petitioner filed Writ Petition No. 28988 of 1997 U.P. Power Corporation Ltd. Vs. Presiding Officer, Labour Court and others.

(3.) During the pendency of the Writ petition No. 28988 of 1997, an interim order was passed on 22.9.1997 directing the petitioners to reinstate the workman and consequently the respondent no. 1 was reinstated in service and continued to be paid wages as admissible to daily wage unskilled labour as notified under the Minimum Wages Act .