ORDER : D.N. Patel, J. 1. Previously this Court had disposed of Contempt Case (Civil) No.787 of 2013 by detailed order dated 22nd February, 2016 whereby an order was passed to make the payment of last wages drawn under Section 17-B of the Industrial Disputes Act, 1947 by the opposite party No.2 to this application through Assistant Commissioner of Labour, Dhanbad. The exercise of identification of the workmen was to be completed within a period of six weeks. 2. Having heard the counsels of both the sides and looking to the facts and circumstances, it appears that this applicant is a trade union which is claiming that there are total 134 workmen who are claiming last wages drawn as per Section 17-B of the Industrial Disputes Act, 1947. After the order was passed by this Court on 22nd February, 2016 in Contempt Case (Civil) No.787 of 2013, the identity of only 25 persons were given to the Assistant Commissioner of Labour, Dhanbad out of which detailed speaking order has been passed by the Assistant Commissioner of Labour, Dhanbad dated August, 2016 (Annexure-5 to the memo of this Civil Miscellaneous Petition). 3. Learned counsel appearing for the applicant is challenging the legality and validity of the order passed by the Assistant Commissioner of Labour, Dhanbad for 24 workmen only on various grounds based upon the allegation levelled in para-9 to be read with Annexure-4 and other annexures. It is submitted by the learned counsel for the applicant that affidavits and photographs have also been supplied to the Assistant Commissioner of Labour, Dhanbad. 4. Be that as it may, we cannot decide the legality and validity of the order passed by the Assistant Commissioner of Labour, Dhanbad dated 9th August, 2016 in this Civil Miscellaneous Petition preferred in Contempt Case (Civil) No.787 of 2013 especially when for those 24 workers have failed to establish the basic factum that they all were employed by the respondent-Management. Unless this factum is proved, nothing can be paid to them, much less, the last wages drawn as per Section 17-B of the Industrial Disputes Act, 1947. 5. Reliance is placed by the learned counsel for the applicant upon the decision reported in (1996) 9SCC 439. Unless this factum is proved, nothing can be paid to them, much less, the last wages drawn as per Section 17-B of the Industrial Disputes Act, 1947. 5. Reliance is placed by the learned counsel for the applicant upon the decision reported in (1996) 9SCC 439. The facts of the present case are materially different from the facts of the aforesaid reported case especially that the 24 workers who are claiming last wages drawn, they have failed to establish the basic fact before the Assistant Commissioner of Labour, Dhanbad that they were ever employed by the respondent/opposite party. A detailed speaking order has been passed by the Assistant Commissioner of Labour, Dhanbad on 9th August, 2016 which has not been challenged so far. 6. We, therefore, see no reason to entertain this Civil Miscellaneous Petition and hence, this Civil Miscellaneous Petition is, hereby, dismissed with a liberty to challenge the order passed by the Assistant Commissioner of Labour, Dhanbad on 9th August, 2016 before the competent authority/court. 7. So far as rest of the workers are concerned, if any further identity is supplied to the Assistant Commissioner of Labour, Dhanbad, he will decide their claim as per the direction given by this Court in Contempt Case (Civil) No.787 of 2013 dated 22nd February, 2016 even if the time period of six weeks is lapsed. Thus, the Assistant Commissioner of Labour, Dhanbad is hereby directed to appreciate the case of the workers, other than those 25, for which already an order has been passed on 9th August, 2016 irrespective of the time limit given by this Court. The Assistant Commissioner of Labour, Dhanbad shall not re-decide the cases, of those workers, whose case has already been decided otherwise it will create further complication unnecessarily. 8. This Civil Miscellaneous Application is dismissed with aforesaid directions.