SENIOR DIVISIONAL COMMIERCIAL MANAGER Vs. GENERAL SECRETARY

JUDGEMENT

(1.) This is an application under section 17-B of the Industrial Disputes Act, 1947 for directions to the petitioner to pay full wages to the members of the respondent - union during the pendency of the present petition.

(2.) This court vide order dated 28.6.2011 granted stay to the execution and operation of the award dated 15.6.2010 passed by the learned Presiding Officer, Central Government Industrial Tribunal, - Labour Court at Nagpur [for short Tribunal]. The present petition is the second round of litigation. The award passed by the Tribunal on 20th March 2008, was subject matter of challenge in the earlier Writ Petition No.4472/2008. It was partly allowed. The matter was remanded back to the Tribunal for fresh disposal of the reference in the light of the findings and observations made by this court in the judgment. It was clarified that the issue whether members of respondent - union are workmen or not is decided by this Court. In pursuance to the directions issued by this court, the learned Tribunal allowed the parties to adduce evidence and after considering the same, passed following award:

(3.) It is the case of the respondent union that in the year 2005, when the reference was pending before the Tribunal, services of their members were terminated. They are out of employment and have been suffering financial hardship. None of them is gainfully employed during all these years right from the year 2005. They have therefore, sought relief of payment of last pay drawn during the pendency of this writ petition.