KALANDI CHARAN SAHOO Vs. DISTRICT TRANSPORT MANAGER

JUDGEMENT

(1.) HEARD Learned Counsel for the Petitioner, None appears for the contesting Opp. Party No. 1 in spite of the fact that notice of the writ petition has been duly served on him.

(2.) THIS is an unfortunate case, where the workman has been deprived of the fruits of an order passed by the Presiding Officer, Labour Court, Sambalpur in his favour on 7.9.94 although more than thirteen years have passed in the meanwhile.

(3.) AFTER hearing both the parties, the Presiding Officer, Industrial Tribunal passed an order on 16.5.1984 holding the order of discharge of the Petitioner from service on 30.6.1983 by the Management was improper and unjustified and the Petitioner -workman was entitled to reinstatement with full back wages. The said order was challenged by the Management before this Court in O.J.C. No. 2610 of 1984. The said writ petition was dismissed by this Court 9.10.1990 confirming the order passed by the presiding Officer, Industrial Tribunal, Bhubaneswar. However, during the pendency of the said writ petition, the Petitioner was reinstated. Though the Petitioner received the current wages after reinstatement, but as the back wages were not paid to him, he initiated a proceeding under Section 33C(2) of the I.D. Act before the Presiding Officer, Labour Court, Sambalpur. By Order Dated 7.9.1994, the Presiding Officer, Labour Court came to hold that the Petitioner is entitled to an amount of Rs. 23,639.30 paise from the Management towards his arrear salary and bonus and directed the D.T.M., O.S.R.T.C. Rourkela to pay the said amount to him within two months. As the said amount was not paid to the Petitioner, the Petitioner has approached this Court in the present writ petition, which was filed on 7.9.1995 and is pending since then.