STATE OF PUNJAB THROUGH CHIEF ENGINEER (IRRIGATION WING), RANJIT SAGAR DAM CONSTRCTION AND ORS Vs. ASSISTANT COLLECTOR, GRADE-I

JUDGEMENT

(1.) The prayer in the writ petition is for setting aside of the impugned Order dated 18.02.2008 and Order dated 03.03.2008 (Annexure-P-1 and Annexure-P-1/A respectively), vide which in compliance with the implementation of the Labour Court, Gurdaspur, Award dated 08.12.1999 (Annexure-P-2) with respect to the respondents/Workmen (hereinafter referred to as "the Workmen"), Recovery Certificate has been issued by the Assistant Collector Grade-I and Labour-cum-Conciliation Officer, Gurdaspur, as also thereafter, the attachment of works head of the petitioner/Management (hereinafter referred to as "the Management"), vide Order dated 03.03.2008 (Annexure-P-1/A).

(2.) Counsel for the Management contends that the Award dated 08.12.1999 (Annexure-P-2), passed by the Labour Court, Gurdaspur, (hereinafter referred to as "the Labour Court"), vide which the Workmen were held entitled to reinstatement in service with two years continuity thereof and back wages to the extent of 25% from the date of reference of respective Workmen till their reinstatement.

(3.) Counsel for the Management contends that in compliance with the Award, passed by the Labour Court, the Workmen did not report for duty nor did they submit their joining reports in the year till 2008. The earlier joining reports were also received by post and the Workmen had never personally presented themselves for deputing them. She contends that as per the Award, which is sought to be implemented through the impugned Orders and Recovery Certificate has been issued on an application under Section 32-C(1) of the Industrial Disputes Act, 1947, (hereinafter referred to as "the Act"), the said Orders cannot be sustained in the light of the fact that there is no adjudication on the fact as to whether the Workmen had submitted their joining reports after the Award was passed or not She contends that the Award does not speak of consequence in case the Workmen report for duty and they are not taken back in service. She, therefore, contends that the impugned Orders deserve to be set aside.