ASHOK SINGH CHAUHAN Vs. KANHAIYASINGH CHAUHAN & ORS.

JUDGEMENT

(1.) Heard on the question of admission. The petitioner has filed the present petition being aggrieved by order dated 11.1.2017 passed by the Labour Court Ujjain, by which application under Section 11 (9) and (10) of Industrial Disputes Act, 1947 has been dismissed.

(2.) The petitioner approached the Labour Court Ujjain, under section 15 of Payment of Wages Act, 1936 claiming wages of Rs. 17,766/- from the respondents. By order dated 10.8.2016 the authority under the Payment of Wages Act i.e. Labour Court Ujjain, has allowed the application by directing the respondents to pay the amount of Rs. 17,766/- within 60 days failing which, penalty shall be paid at the same rage i.e. Rs. 17,766/-. When the aforesaid amount was not paid, the petitioner filed an application under Section 11(9) and (10) of the Industrial Disputes Act before the Labour Court Ujjain, for recovery of amount of Rs. 35532/- along with interest. The learned Labour Court vide order dated 11.1.2017 has dismissed the application as not maintainable hence, the present petition before this Court.

(3.) Learned Counsel for the petitioner submits that as there is no provision under the Payment of Wages Act for recovery of the amount of wages awarded under section 15 of the Payment of Wages Act, the petitioner has rightly filed an application under Section 11(9) and (10) of the Industrial Disputes Act as per sub-section (9) of Section 11 of the Act. Every award or order by the Labour Court shall be executed in accordance with the procedure laid down for execution of the order and decree of the Civil Court. The aforesaid contention of learned Counsel is misconceived, devoid of substance and is liable to be rejected for the simple reason that the Labour Court constituted under Industrial Disputes Act is having power to execute the award passed under the provisions of Industrial Disputes Act not under any other enatcment. The word 'award' is defined under Section 2(b) of the Industrial Disputes Act. According to the definition of the award, the award means interim or final determination of any industrial dispute and arbitration award made under Section 10(a) therefore, the Labour Court established under the Industrial Disputes Act can execute the award passed under the Industrial Disputes Act.