Court No. - 7
Case :- WRIT - C No. - 44247 of 2016 Petitioner :- Suleman Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rudra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. Admittedly, the award with reference to which the application under Section 6-H(1) of the U.P. Industrial Disputes Act, 1947 was filed by the petitioner being the award of the Labour Court, Gorakhpur dated 19.12.1998 providing for reinstatement with full back-wages has attained finality. The petitioner is aggrieved by the fact that the same has yet not been executed.
3. The Deputy Labour Commissioner had rejected the application on the ground that the dues are not determined under the award and, therefore, the proper remedy available to the petitioner would be to file an application under Section 6- H(2) of the Act.
4. Learned counsel for the petitioner submits that while no part of the award has been complied in the case of the petitioner despite it having attained finality, in other similar cases involving one of the Habib, upon dismissal of writ petition, award has been executed.
5. Keeping in mind the fact that the wages being claimed do not constitute a determined amount, I do not find any error in the order passed by the Deputy Labour Commissioner. However, it is observed, since the award has attained finality and no stay is operating, the petitioner may move an application for execution of the said award.
6. Accordingly, the present petition is disposed of with the direction that in case the petitioner files an application under Section 6-H(2) of Act, within a period of three weeks, before the proper court, the same may be heard and decided as expeditiously as possible, preferably within a period of three months from the date of its filing. Learned Standing Counsel on behalf of the respondents undertakes not to seek any undue or long adjournments and to seek expeditious disposal of the same.
Order Date :- 30.11.2018 Prakhar