PRITHI PAL SINGH Vs. UDHEY BHAN SINGH SIDHU

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court for initiating contempt proceedings against the respondents for violating the order dated 22.8.2003 and the undertaking given before this Court on 12.10.2006.

(2.) The petitioner-workman raised an industrial dispute challenging his termination. The Industrial Tribunal, Punjab, vide Award dated 26.11.1999 set aside the termination and ordered petitioner's reinstatement. In a writ petition i.e. CWP No. 4451 of 2001 filed by the Management, the Award was stayed on 27.4.2000, subject to the provisions of Section 17-B of the Industrial Disputes Act, 1947 (for short 'the Act'). On an application filed by the workman, this Court on 22.8.2003, directed the Management to pay last drawn wages in terms of Section 17-B of the Act. The said order was passed considering an argument raised by the Management that the unit, where the workman was employed has since been closed. It was noticed that since there is no application filed by the Management for variation of the order passed by the Division Bench staying the operation of the Award, subject to the provisions of Section 17-B of the Act, the Management is bound to pay the last drawn wages.

(3.) The Management filed an application for modification of the order dated 27.4.2000. However, since the Management has not paid any wages after the Award, the order of stay of the operation of the Award was vacated on 20.2.2004.