STATE OF HIMACHAL PRADESH Vs. ROOP CHAND MALHOTRA

JUDGEMENT

(1.) This writ petition has been filed by the State of H.P. represented by the Superintending Engineer, 1st Circle, HPPWD, Mandi, H.P. for issuance of appropriate writ, directions or orders quashing and setting the award dated December 4, 1996 of the Presiding Judge, Labour Court passed in Reference No. 33/93 under Section 33-C(2) of the Industrial Disputes Act, 1947.

(2.) It is the case of the petitioner that respondent Roop Chand Malhotra, respondent No. 1-workman was engaged as a Steno-typist on daily-wage w.e.f. December 5, 1978 to February 20, 1979 in view of his educational qualification, as he could not perform his duty satisfactorily, he was directed to work in the field in various capacities from February 21, 1979 to February 11, 1988. Jogeshwar Singh Rana, respondent No. 2 workman was engaged as a Baildar on daily-wage basis. Both these workmen did not report on duty w.e.f. February 11, 1988 and February 13, 1988 respectively as a result thereof their names were removed from the muster rolls. Both the workmen raised an Industrial dispute which was referred to the Labour Court by the State Government for adjudication. The Labour Court in case No. 69/1988 made an award on April 12, 1990 directing respondents to give posting to the workmen as Class-Ill officials as Steno typist and Clerk-cum-typist if such posts were available with the Department or as and when vacancy in the said post would fall. Further it was held that if no vacancies were available or not likely to fall vacant, the workmen shall be deemed to be in continuous service as Class-IV employees i.e. Road Supervisor and Baildar respectively as daily-wage workers according to their seniority as per the seniority list. The petitioner was also directed to pay the entire back-wages to the workmen from the date of their removal till the date of absorption. Costs of Rs. 400 to each of the workmen was also awarded.

(3.) Both the workmen filed an application under Section 33-C(2) of the Industrial Disputes Act (hereinafter referred to as the I.D. Act) before, the Labour Court which was registered as reference No. 33 of 1993 for implementation and execution of the award in case No. 68 of 1988. The Labour Court interpreted the first award holding both the workmen having discharged the duties of 1 Steno-cum-typist and clerk-cum-typist during the year 1979 to 1988 as daily-wage workers and awarded a sum of Rs. 1,70,643 to workman Roop Chand Malhotra and a sum of Rs. 1,34,628 to workman Jogeshwar Singh Rana as differential amounts between the salary actually paid and the amounts entitled to as ministerial employees from 5.12.1978 to June 9, 1993. The arrears of back-wages were ordered to be paid within 40 days from the date 1 of award i. e. December 4, 1996 failing which interest 12% p. a. from the date of award was ordered to be paid on the above said amounts of back-wages.