JASWANT SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The workman is before this court challenging the award dated 5.5.2009 passed by the Presiding Officer, Labour Court, Gurdaspur (for short, 'the Tribunal'), whereby his claim for payment of current wages on account of his having been taken back in service in terms of earlier order passed by the Tribunal, was declined.

(2.) Brief facts, as have been noticed in the impugned order, are that the petitioner was employed as Watchman with the Punjab Water Supply and Sewerage Board (for short, 'the Board') on 1.1.1991. His services having been terminated on 28.2.1993, industrial dispute was raised. The matter was referred to the Tribunal, who vide award dated 7.2.2001 ordered reinstatement of the petitioner with full back wages from 28.2.1993 and continuity of service. The award of the Tribunal was challenged by the Board before this court by filing Civil Writ Petition No. 10489 of 2001 Punjab Water Supply & Sewerage Board and another v. Jaswant Singh and others. Vide order dated 19.8.2004, passed in Civil Misc. No. 2882 of 2004 in Civil Writ Petition No. 10489 of 2001, the Board was directed to pay the last drawn wages to the petitioner-workman from the date of filing of the writ petition. It was also directed that future wages shall be paid by the 10 th of each month.

(3.) Thereafter, vide order dated 3.2.2006, the petitioner was taken back in service by the Board. He was posted at Sri Hargobindpur. Though the petitioner had been taken back in service, but still he was paid the last drawn wages which were being paid at the time of his termination of services, i.e., Rs. 990/- per month. Claiming that the petitioner is entitled to be paid current wages considering the fact that he had been taken back in service by the Board, an application under Section 33C(2) of the Industrial Disputes Act, 1947 (for short 'the Act') was filed by the petitioner on 5.9.2006. The claim made by the petitioner was declined vide order dated 5.5.2009, inter-alia, on the ground that the interim order passed by this court directing payment of the last drawn wages was being complied with and in execution the court cannot go beyond that. It is the aforesaid award which is impugned before this court.