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2004 DIGILAW 345 (JHR)

Shankar Nahak v. Bharat Coking Coal Ltd. , Through Director

2004-03-31

AMARESHWAR SAHAY

body2004
ORDER Amareshwar Sahay, J. 1. Heard the parties. 2. The petitioner was initially dismissed from the service on 14.01.1988 by the respondents. The said dismissal was challenged before the Industrial Tribunal and the Industrial Tribunal, by an award dated 10.10.1991, set aside the dismissal of the petitioner and directed for his reinstatement with effect from 14.01.1988. 3. The award of the Tribunal was confirmed up to the Supreme Court in SIP vide order dated 02.03.2000. However, the petitioner was again been dismissed from service by order dated the 30th August, 2000 as he was convicted in a criminal case. 4. The petitioner has claimed for payment of arrears of salary for the period 14.01.1988 to 30.08.2000. It is not disputed that during the pendency of the writ application before the High Court, payments were made to him under Section 17B of the Industrial Disputes Act, 1947 and by the order of the Court, a sum of Rs. 10,000/- was also paid to the petitioner. 5. Mr. Mehta, learned counsel appearing for the respondents very fairly submitted that the petitioner is legally entitled to have the salary for the period in between the date of award till the date dismissed from his service. 6. Accordingly, this application is disposed of with a direction to the respondents to pay the salary to the petitioner from 14.01.1988 to 30.08.2000 after adjusting the amount paid to him under Section 17B of the Industrial Disputes Act, 1947, as also the amount of Rs. 10,000/- paid to him by the order of this Court. The petitioner may approach the authority concerned along with the copy of this order by filing an application. On filing of such application, the petitioner shall be paid his due salary payable to him as per the direction of this Court, within eight weeks from the date of filing of such application by the petitioner. With the above observation and direction this application stands disposed of.