ICI INDIA LTD Vs. SECOND LABOUR COURT

JUDGEMENT

(1.) The subject-matter of challenge in this writ petition is an aware dated 20th June, 2003 by which the learned 2nd Labour Court passed the following order:

(2.) It is not in dispute that service of the respondent was terminated by an order dated 30th September, 1997. It is also not in dispute that the respondent reached the age of superannuation on 2nd April, 2003. Therefore, on 20th June, 2003 when the learned Tribunal passed the award there was really no scope for any reinstatement. Therefore, the only other operative part of the award under challenge is the direction upon the employer/writ petitioner to pay the back wages deducting any amount which may have already been paid. The award was challenged by this writ petition which appears to have been filed on 15th September, 2003. An interim order in terms of prayers (f) and (g) appears to have been passed on 11th February, 2004. Prayers (f) and (g) of the writ petition relate to an injunction restraining the respondents from seeking to give effect to the award and stay of operation of the award under challenge.

(3.) The respondent workman has now come up with an application under section 17B of the Industrial Disputes Act, 1947 which provides as follows:-