BIRMATI DEVI Vs. ADMINISTRATOR HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for issuance of direction to the respondents to compensate the petitioner who is widow of workman Jagbir and had died on 2.10.2004. The alternative prayer made is to take any member of the deceased workman in service for apathy on the part of the respondents in complying with the order of this Court dated 19.7.2004 passed in CWP No. 7682 of 2002( Annexure P.1). Brief facts of the case necessary for disposal of the controversy raised in the instant petition are that Jagbir , deceased, workman raised a dispute and reference no. 86 of 1997/626 of 1998 under Section 10(1) of the Industrial Disputes Act,1947 was made as his services were verbally terminated. The Industrial Tribunal -cum- Labour Court, Panipat in its award dated 20.12.2001 held the workman entitled to reinstatement with continuity of the service with full back wages from the date of the demand notice i.e. 25.7.1996 till the date of reinstatement. The afore-mentioned Jagbir had filed an undertaking before the respondent- HUDA fore-going his claim for full back wages if he was taken back in service. The respondent department after accepting his undertaking had assured him of taking back in service. However, he was not reinstated in service.

(2.) On the contrary CWP No. 7682 of 2002 challenging the award of the Labour Court dated 20.12.2001 was filed. A Division Bench of this Court upheld the award by observing as under: "Despite the fact that the order of Labour Court setting aside the order of termination of the respondent-workman had attained finality in view of the order passed by the motion bench on 15.7.2002; it emerges from the fual position disclosed to the Court, by the learned counsel representing respondent no.2 that the Haryana Urban Development Authority has still not permitted the respondent workman to assume his duties. This, to our mind, is an act of extreme hardship to the respondent workman at the hands of the Haryana Urban Development Authority. It is not possible for a petty workman to seek redressal of every little grievance from a Court. In view of the award of the Labour Court and the order passed by the motion bench on 15.7.2002, the respondent workman will have to be paid full back wages with effect from the date of the award of the Labour Court i.e. w.e.f. 20.12.2001. In not allowing the respondent workman to assume his duties, the petitioner management is acting as a matter of total apathy unmindful of the public funds which will have to be incurred in effecting payment as wages to the respondent workman despite the fact that no work is being taken from him. This attitude of the Haryana Urban Development Authority is liable to be depreciated and to ensure that such behavior is not repeated, and petty workman are not put to unnecessary harassment, it is considered just and appropriate to require the Administrator, Haryana Urban Development Authority, to fix responsibility of the officer responsible for not allowing the reinstatement of the respondent-workman, specially with effect from 15.7.2002 when the issue of reinstatement of the workman came to be finalized, when notice was issued by this Court on the limited point of back wages. The officer found responsible shall be liable to pay wages to the respondent workman for the period with effect from 15.7.2002 till the date he is taken back in service."

(3.) The Division Bench, however, held the petitioner entitled to full back wages in terms of the award and dismissed the writ petition filed by the respondents on 19.7.2004 ( Annexure P.1). The respondents further challenged the order of the Division Bench before Hon'ble the Supreme Court and S.L.P. was dismissed on 7.2.2005. The petitioner has claimed that on account of non action on the part of the respondents Jagbir, her husband, suffered illness and died on 2.10.2004 at P.G.I. M.S. Rohtak. Therefore, the claim is made for appointment on compassionate ground or ex-gratia payment of the dues.