SAMAJ Vs. PRESIDING OFFICER,LABOUR COURT

JUDGEMENT

(1.) 1. In the present writ appeal, the appellant "the Samaja" has sought to challenge the judgment dated 11.3.2008 passed by the learned single Judge, dismissing the writ application registered as O.J.C. No. 10101 of 1996, filed by the appellant (as the petitioner) and while refusing to interfere with the matter directed the petitioner - management to pay a sum of Rs. 1,85,362/ - to the opposite party -workman as directed by the Labour Court. The learned single Judge further directed that if the petitioner - management fails to pay the said amount within three months from the date of that order, it shall be liable to pay interest on the said amount @6% per annum till realisation.

(2.) SHORN of unnecessary details, it appears from the impugned judgment that the respondent -workman who was working as a Journalist under the appellant -management raised a dispute claiming for financial dues commensurate wages, D.A., A.D.A., interim relief and house rent in terms of Palekar Award, 1990, including bonus besides other dues. The said dispute was referred by the State Government under Section 10(1)(d) read wit sub -section 5 of Section 12 of the Industrial Disputes Act to the Industrial Tribunal for adjudication.

(3.) THE appellant -management sought to challenge the said Award passed by the Industrial Tribunal before this Court, by filing a writ application which was registered as O.J.C. No. 299 of 1991. A Division Bench of this Court rejected the said writ application declining to interfere with the finding of the Industrial Tribunal and holding that the Palekar Award is applicable to the respondent -workman and that he is entitled to the financial benefits as per the Award of the Industrial Tribunal.