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2003 DIGILAW 1137 (DEL)

RAJ PAL v. SECY. LABOUR AND LABOUR COMMISSIONER GOVT. OF NCT OF DELHI

2003-11-17

MUKUL MUDGAL

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MUKUL MUDGAL, J. ( 1 ) NO counter has been filed inspite of the specific order dated 31st October, 2003. ( 2 ) RULE. The matter is taken up for hearing. ( 3 ) THIS writ petition seeks action by respondent No. 1 on the complaint dated 15th september, 2001 filed by the petitioner against respondent No. 2 under Section 2 (ra) of the industrial Disputes Act read with Section 25 (U) of the Act. ( 4 ) ON the last date of hearing the plea of the learned counsel for the petitioner that this case is covered by the judgment of this court in CWP 2741/2003 was noted. It is not in dispute that the award has not been fully implemented leading to filing of complaint on 15th September, 2001 under Section 2 (ra) read with Item No. 13 of the Vth Schedule of the Industrial Disputes Act, which offence is punishable under Section 25 (U) of the industrial Disputes Act. ( 5 ) IN the aforesaid judgment, it was held as under:- "11 In my view if an award is not implemented within six months of its coming into force complaint would lie under Section 2 (ra) read with Section 25 (U) of the Act and such a complaint must be dealt with and disposed of within six months thereafter so as to given teeth and effect to the provisions of the Act. 12. Accordingly, the following mandamus is issued: the respondent No. 2 is directed to implement the award not later than 15th July, 2003. The award is not implemented within this period, the respondent No. 1 will initiate appropriate action by 15th August, 2003 under section 25 (U) of the Act and ensure that such proceedings under Section 25 (U) are thereafter concluded within six months thereafter. " ( 6 ) IN accordance with the position of law laid down by the aforesaid judgment, the respondent No. 1 is directed to proceed in the complaint under Section 2 (ra ). The complaint must be heard and disposed of within six months. The complaint must be filed on or before 15st December, 2003 and be heard and disposed of within six months thereafter. If by 14th December, 2003, the award is fully implemented leading to regularisation of the petitioner as Assistant Sanitary Inspector, then the complaint is not required to be filed. The complaint must be filed on or before 15st December, 2003 and be heard and disposed of within six months thereafter. If by 14th December, 2003, the award is fully implemented leading to regularisation of the petitioner as Assistant Sanitary Inspector, then the complaint is not required to be filed. The writ petition stands disposed of in the above terms.