THE CHAIRMAN Vs. SH. ANOOP KUMAR AND ANOTHER

JUDGEMENT

(1.) Challenge herein is to an order passed by learned Civil Judge (Senior Division) Court No. I, Paonta Sahib, District Sirmaur, H.P., whereby the objections preferred by the petitioners herein in execution proceedings initiated on an application under Sec. 11(10) of the Industrial Disputes Act, 1947 registered as Execution Petition No. 33-WC/10 of 2013/14 have been dismissed and on the request of learned counsel representing the petitioners-JDs, the application was adjourned to 24.02.2015 for appearance of the JDs so that the amount due and payable under the decree sought to be executed could be released in favour of respondent No. 1-workman.

(2.) The decree holder is respondent No. 1 Anoop Kumar in this petition. He was deployed by the petitioner-establishment through a Contractor. When the payment of his wages was not made despite, he having raised demand repeatedly, the dispute was referred to the Presiding Officer, Central Government Tribunal-cum-Labour Court-1, Chandigarh. The same was registered as LCA No. 4/2010. Learned Industrial Tribunal-cum-Labour Court below after holding full trial has passed the award, Annexure P-2 to this petition. Respondent No. 1 establishment was held entitled to pay a sum of Rs. 5,08,501.00 on account of difference of wages and the reference was answered accordingly. The petitioner-establishment has preferred Civil Writ Petition No. 7430/2010 in this Court against the award, Annexure P-2. The writ petition was dismissed long back by a detailed and reasoned judgment, Annexure P-4. The matter, no doubt is pending in the Letters Patent Appeal in this Court, however, admittedly the execution of the award, Annexure P-2 has not been stayed in the appeal.

(3.) Learned counsel has canvassed that in view of the pendency of the appeal, award Annexure P-2 cannot be executed. Also that the objections the petitioner-establishment preferred in the execution proceedings have been dismissed summarily without framing issues and taking on record the evidence.