SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners and other employees filed separate applications under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), against M/s Parbhat Finance and Investment Limited (Regd.) Head Office, Amritsar, through its Managing Director for computation of the monetary benefits. Pursuant to the process issued by the Labour Court, the management did not appear despite service. After examining the claims of the petitioner, the Labour Court vide its separate orders dated 17.11.1992, directed the management to pay the following amounts details of which are given below :- <FRM>JUDGEMENT_286_LAWS(P&H)1_1997_1.html</FRM>

(2.) The petitioners approached the Labour Commissioner for enforcement of the orders passed by the Labour Court, Ludhiana and the matter was then referred to the Assistant Labour Commissioner, Ludhiana for recovery certificate and necessary action under the Act. Since no action was taken by the respondents which necessitated the filing of the present writ petition.

(3.) At the time of admission of the writ petition on 4.8.1994, a sum of Rs. 4,00,000/- lying deposited in the current account of M/s Parbhat Finance and Investment Ltd. in Punjab and Sind Bank, Khalsa College Branch, Amritsar, was ordered to be attached. Respondent No. 3 filed written reply and pleaded that vide order dated 24.9.1991 in for Civil Writ Petition No. 9670 of 1991 the recovery of Rs. 75,22,302/- on the petition of Pritam Singh and Ors. v. State of Punjab, from the estate of management firm a sum of Rs. 6,78,043.97 paise was found in the bank account of M/s Parbhat and Finance Investment Company of various banks. The amount was remitted to the Labour Court, Bhatinda, for distribution amongst the claimants through demand drafts. According to the respondent, fresh recovery can be effected if the assets of the aforesaid management-company are available in the District.