RAJYASHREE BHARTIA Vs. THE PRESIDING OFFICER AND ORS.

JUDGEMENT

(1.) This intra court appeal has been filed by the employer (Smt. Rajyashree Bhartia) under Clause X of the Letters Patent against the order dated 9.4.2014 passed by the learned Single Judge whereby the writ petition (CWP No. 8396 of 2010) filed by the appellant challenging the order dated 17.9.2009 passed by the labour Court under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short "the Act") in favour of the workman-respondent No. 4 herein has been dismissed. The labour Court vide the said order allowed the application of the respondent-workman filed under Section 33-C(2) of the Act for non payment of the backwages. As per the order dated 17.9.2009, the respondent-workman is to be paid a sum of Rs. 1,05,000/- as backwages alongwith interest @ 6% p.a. from the date of award till final payment in his favour.

(2.) While challenging the said order before the learned Single Judge, the appellant raised the question that at the time of the termination of the service of the workman, respondents No. 2, 3 and 5 were in control of the Factory, therefore, as per the arbitration award between the appellant and respondents No. 2, 3 and 5, those respondents are liable to pay the said amount of backwages to the respondent-workman. The learned Single Judge rejected the said contention while observing as under:

(3.) Dissatisfied with the order of the learned Single Judge, the appellant has preferred the present appeal. Before us also similar pleas as raised before the learned Single Judge have been raised.