TARA CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) On an industrial dispute raised by the petitioner regarding termination of his services, the same was referred for adjudication to the Presiding Officer Labour Court, Gurgaon. The Labour Court gave its award dated 21.7.1992 holding that termination of the services was neither justified nor legal and the petitioner was directed to be reinstated with continuity of service and full back wages. The present petition has been filed under Article 226 of the Constitution with a prayer that the employer-Haryana Urban Development Authority (for short HUDA) through its Chief Administrator be directed to implement the aforesaid award of the Labour Court.

(2.) In the written statement filed on behalf of HUDA it is admitted that the aforesaid award had not been implemented so far and the only justification offered for this is that it had filed C.W.P. No. 179 of 1993 in this court which is still pending. It is conceded that operation of the award has not been stayed by the court so far. The writ petition filed by HUDA has been adjourned sine die to await the decision in some other writ petition. Even notice of motion has not been issued in that case.

(3.) After hearing counsel for the parties I am of the opinion that HUDA is not at all justified in not implementing the award. It was argued by Mr. Handa that in view of the provisions of Section 29 of the Industrial Disputes Act. The petitioner should take steps to prosecute the employer and no direction should be issued to implement the award. Such an argument does not behave a statutory authority like HUDA since the award has been made by the Labour Court in favour of the petitioner, he is entitled to claim that the same be implemented.