Court No. - 18 Case :- WRIT - A No. - 43862 of 2010 Petitioner :- Sri Ram Sharma Respondent :- Zila Sahkari Bank Ltd. And Others Petitioner Counsel :- Nanhe Lal Tripathi Respondent Counsel :- D. Vaish,Uma Nath Pandey Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned Standing Cousnel for the
State-respondents.
Petitioner raised an industrial dispute in respect of termination of his
employment, which was registered and decided under the award dated 7th
January, 1987. Against the said order employer-Bank filed writ petition
before this Court being writ petition no. 17811 of 1987, wherein initially an
interim order was granted, ultimately the writ petition was dismissed in
default. Petitioner therefore, made an application under Section 33 C(2) of the
Industrial Disputes Act for computation of money in terms of the award dated
7th January, 1987. The application is stated to have been granted under order
dated 28th July, 1988 and a sum of Rs. 41,785.66/- was determined as payable
to the petitioner. Against the said order passed under Section 33 C (2) of the
Industrial Disputes Act, employer-Bank filed another writ petition no. 21258
of 1988, wherein an interim order was granted on 27th October, 1988 and the
said interim order was modified on 5th September, 1995 and the Bank was
directed to deposit the requisite amount in a nationalized Bank without
prejudice to the rights of the petitioner. It is stated that the money has been so
deposited. However, the writ petition is stated to have been dismissed in
default on 7th May, 2007. A restoration application has been filed which is
pending.
Petitioner by means of the present writ petition seeks a writ of mandamus
directing the respondents to pay the deposited amount in terms of the award.
I am of the considered opinion that if the writ petition field by the employer-
Bank against the order passed under Section 33C (2) of the Industrial
Disputes Act stands dismissed, petitioner should get the order enforced under
the Industrial Disputes Act itself and writ is not the proper remedy. The
present writ petition is therefore, dismissed with liberty to the petitioner to get
the order passed under Section 33C (2) of the Industrial Disputes Act
enforced. or else he may make an application in the writ petition where an
order was passed for depositing the requisite amount in a nationalized Bank
for appropriate directions being issued in his favour.
(Arun Tandon, J.)
Order Date :- 28.7.2010
Sushil/-