SABEER KANWAR Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Single Judge dt. 13.2.1992 whereby the learned Single Judge has dismissed the writ petition being infructuous as the payment in question was made to the petitioner during the pendency of the writ petition on 13.7.1989.

(2.) THE appellant's husband Shri Sumer Singh was as employee of the Municipal Board Mukandgarh District Jhunjhunu. His services were terminated and thereafter he raised an industrial dispute before the Tribunal and the Tribunal gave the award of 21.6.1983 and granted him the relief of reinstatement with back wages. Aggrieved against this order, the writ petition was filed by the Municipal Board, Mukandgarh and the same was dismissed on 24.5.1985. Thereafter Sumer Singh was taken on duty on 24.9.1983 but no payment was made to him for back wages. In the mean while he died on 5.9.1985 in motor accident. The petitioner -appellant then moved an application under the Labour Court under Section 33(2)(c) of the Industrial Dispute Act, 1947. The Labour Court also by its order dated 2.5.1987 awarded him the amount of Rs. 29353.80. This amount was also not paid, therefore, the petitioner filed a writ petition before this Court and during the pendency of this writ petition the amount was released to the petitioner appellant on 3.7.1989. The learned Single Judge dismissed the writ petition being infructuous as the amount in question was released td her. Aggrieved against this order of the learned Single Judge dated 13.2.1992, the present appeal has been filed by the petitioner -appellant.

(3.) MR . Mridul, learned Counsel for the petitioner -appellant submits that the amount in question was wrongly withheld by the authorities. Notwithstanding the fact that the award has already been given by the labour court in 1983 and an application under Section 33(c)(2) was disposed of in 1987. Still the actual payment was released to the petitioner -appellant on 3.7.1989, therefore, the petitioner -appellant is entitled to interest @ 15% and compensation as well as cost of the writ petition. In support thereof, learned Counsel has invited our attention to : (1984)ILLJ237SC .