SUPERINTENDING ENGINEER, MECHANICAL CIRCLE, ROAD CONSTRUCTION DEPARTMENT, RANCHI AND ANR. Vs. SHRI SANJAY KUMAR AND ORS.

JUDGEMENT

(1.) Since these interlocutory applications involve the same points of law and facts, with the consent of the parties, the same have been taken up for hearing together and are being disposed of with this common order.

(2.) These interlocutory applications have been filed by the applicants-respondents concerned workmen praying for a direction on the writ petitioners to pay them admitted arrears of salary under the provisions of Sec. 17(B) of the Industrial Dispute Act. It has been submitted that in Reference Case No. 8/06, learned Labour Court, Hazaribagh has rendered the award reinstating the applicants along with others with back wages and other consequential benefits. Against the said award, the Management has filed the writ petition being W.P.(L) No. 3919/2008. It has been stated that the applicants are not gainfully employed and they are not getting any wages. They have no source of earning. The applicants are, therefore, entitled to get the benefits, as envisaged under Sec. 17(B) of the I.D Act.

(3.) The writ petitioners Management have filed reply to the interlocutory applications contesting the claims of the applicants. It has been, inter alia, stated that the impugned award is ex parte and the same has been rendered behind the back of the petitioners and without giving any opportunity of hearing to them. The impugned award is bad and illegal. It has been further stated that at the time of admitting this writ petition, operation of the impugned award has been stayed, vide order dated 30.11.2010.