JUDGMENT

Gaurang Kanth, J. The present petition has been preferred under Article 226 of the Constitution of India. The petitioner through the present petition is challenging the validity of the award dated 14.05.2003 ("impugned award") passed by the Presiding officer, Labour Court no. IX, Karkardooma, Delhi in I.D. No. 144/94 titled as "M/s Commissioner of Municipal Corporation of Delhi And Shri Ravinder Kumar".

2. Vide the impugned award, the learned Labour Court held that the Petitioner/management has illegally refused the Respondent/workman duty on 02.01.1993. Learned Labour Court granted compensation in lieu of reinstatement. Learned Labour Court awarded a compensation of 40% of the last wages which would have been admissible to him under Rules from 02.01.1993 in lieu of his reinstatement.

3. The learned Labour Court passed the impugned Award on 13.10.2003 and it became enforceable on 12.11.2003. The present Writ Petition filed in the year 2005. By that time, the Respondent approached the recovery officer for the implementation of the impugned award under Section 33 (C)(1) of the Industrial Disputes Act, 1947 ("I.D. Act") and recovered the amount due to him for the period from