HINDUSTAN AERONAUTICS LTD. Vs. HINDUSTAN AERONAUTICS KARMCHARI SABHA

JUDGEMENT

(1.) Heard Sri P.K.Sinha, learned Counsel for the petitioner, learned Standing Counsel appearing for respondents no.-3 to 5 and Sri Amrendra Nath Tripathi, learned Counsel for respondents no.-7 to 35. None has appeared for respondent no.-6.

(2.) By means of the present writ petition the petitioner has prayed for the following reliefs:-

(3.) The case set forth by the petitioner is that the respondent no.-1 i.e. Hindustan Aeronautics Karmchari Sabha filed an application under the U.P. Industrial Peace ( Timely payment of wages) Act 1978 (hereinafter referred to as 1978 Act) before the Deputy Labour Commissioner Lucknow the respondent no.-2 for payment of the difference of amount of wages vide their application dated 10.11.1997 alongwith which a list of names of employees, the actual amount and the net amount which had been paid to them and the balance amount liable to be paid to them had been annexed. Copy of said application dated 10.11.1997 is Annexure No.-4 to the petition. The respondent no.-2 issued a notice to the petitioner on 29.11.1997 pursuant to which the petitioner filed preliminary objections raising a plea of non maintainability of the said application as filed by the respondent no.-1 before the respondent no.-2. The issue raised in the said preliminary objection need not detain this Court as the same is not relevant for deciding the instant petition. The respondent no.-1 submitted its reply to the preliminary objections raised by the petitioner and the respondent no.-2 thereafter heard the matter and passed the order dated 17.8.1998 rejecting the preliminary objections raised by the petitioner and simultaneously passed an order for issue of recovery certificate for an amount of Rs. 57,59,790.90/- which infact was issued subsequently vide recovery certificate dated 24.8.1998 and the attachment order was also issued. Copies of order dated 17.8.1998, the recovery certificate dated 24.8.1998 and attachment order are Annexure Nos.-1, 2 and 3 to the writ petition. Subsequent thereto, various orders were passed by this Court from time to time but the same are not relevant to the reliefs prayed for by the petitioner.