THE SENIOR GEOLOGIST CHANDRAPUR Vs. RAJU BHAIYYAJI ZADE

JUDGEMENT

(1.) Heard Shri S.J. Kadu, learned Assistant Government Pleader for the petitioner - department and Shri Amit Chutke, learned AGP for respondent Nos. 7 & 8. Nobody appears for the private respondent Nos. 1 to 6.

(2.) Shri Kadu, learned AGP submits that after Award dated 15.12.1992, private respondent Nos. 1 to 6 were reinstated in August 1993 on different dates and wages payable to them till that date were then deposited. He further submits that without prejudice to this and by way of abundant precautions, amount of Rs.11,074/- was also deposited on 12.08.1996. Thus, entire demand and directions in Award mentioned supra were satisfied.

(3.) The private respondents filed an application under Section 33-C(1) of the Industrial Disputes Act, 1947, after more than one year and the same came to be allowed without issuing notices to the petitioner and without giving the petitioner an opportunity to point out correct facts. With the result, on 28.01.1997, respondent No. 7 issued a Recovery Certificate to respondent No. 8 and respondent No. 8 then attempted to execute it. The demand notices were then served upon the petitioner vide notice dated 06.06.1998. The petitioner - department thereafter approached Labour Court in an attempt to question that recovery but later on, after getting correct advise, withdrew that proceeding and filed present writ petition. According to him, full amount was already paid to respective private respondents and as such grant of an opportunity by respondent No. 8 to the petitioner would have helped in bringing on record true and correct position.