RAMSWAROOP SINGH Vs. DIVISIONAL FOREST OFFICER, BHIND

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order of the Labour Court dated 11.2.2013 passed in Case No. 63/F/I.D.Act/11. By the said order the Labour Court has decided the application preferred by the petitioner under Section 33 (C) (2) of Industrial Disputes Act, 1947 (for brevity, the 'ID Act').

(2.) ADMITTED facts between the parties are that the petitioner was earlier terminated w.e.f. 1.1.2002. The said termination order was called in question by the petitioner by raising an industrial dispute, which was decided by an award dated 19.8.2010 (pronounced on 9.11.2010) Annexure P -2. The Labour Court opined that the termination of petitioner was illegal and he was directed to be reinstated without back wages. This award of Labour Court was unsuccessfully challenged by the employer by filing WP No.6624/2011 before this Court. The Division Bench of this Court on 12.12.2011 dismissed the said writ petition. In absence of further challenge to the said award, the award has attained finality.

(3.) THE petitioner filed application under Section 33 (C) (2) of the ID Act by contending that after the award, he submitted his joining report on 22.11.2010. However, he was not permitted to join back till 10.7.2011. The petitioner has not been paid salary from 9.11.2010 to June 2011. It is further prayed that from October 2011 also the salary has not been paid to the petitioner. The Labour Court by impugned order rejected the said application. The Labour Court opined that the statement of the petitioner regarding his joining date is contradictory and, therefore, the application is rejected.