W.P.(C) 1000/2013

1. The present petition is directed against the order dated 12.10.2012 passed by the Executing Court, whereby the execution petition was dismissed by recording that since the award dated 23.01.2012 passed by the learned Tribunal is silent regarding back wages, therefore, it cannot be presumed that the learned Tribunal has also granted back wages to the decree holders, therefore, decree cannot be executed regarding the back wages as prayed.

2. It is pertinent to mention here that the petitioner workman has been reinstated in service in terms of award dated 23.01.2012. The relevant portion of the aforesaid award is reproduced as under:-

“89. In view of above factual and legal position of law, workmen/ claimants (except 43 workmen/ claimants, who have settled I.D. No. 207/10/05 Page 49 of 50 their disputes u/s 18(1) of I.D. Act) are entitled to the relief of treating them in continuity of service under terms and conditions of service as before their alleged termination w.e.f. 3.10.04. They will not be entitled to any notice pay or compensation u/s 25 FF of Industrial Disputes Act. The said notice pay or compensation, if any, received by them, will have