JUDGMENT

Satish Chandra Sharma, C.J.

1. The present LPA arises out of an order dated 15.03.2022 passed by the Learned Single Judge in W.P.(C) No. 10809/2020 titled M. J. Prasad vs. M/S Garrison Engineer (Central) And Ors..

2. The undisputed facts of the case reveal that a Writ Petition was preferred before this Court by the Garrison Engineer (Central), Military Engineer Service against order dated 30.10.2019 passed by the Regional Labour Commissioner, Central (RLC, Central) in the case of Shri. M. J. Prasad Vs. Garrison Engineers (Central), by which the Labour Commission has directed recovery of Rs. 1,95,980/- from the Garrison Engineer.

3. Pursuant to the order dated 30.10.2019, the Sub-Divisional Magistrate has issued notices on 27.07.2020 and 20.08.2020 for recovery of the aforesaid amount under Section 136 of the Delhi Land Reforms Act, 1954 (DLR Act), and for attaching the properties under the control of Garrison Engineer, Military Engineer Services.

4. The facts of the case further reveal that the Appellant (Respondent No.1 in the Writ Petition) was appointed as Wireman with effect from 07.09.1982 and continued up to 19.04.1984 as a daily wager, and an order was passed regularising his services with effect from 12.11.1984.

5. The services of the Appellant were terminated on 15.11.1985 on the ground that he was appointed in spite of a ban on recruitment by Government of India. Being aggrieved by the termination order, the Appellant filed a complaint on 02.09.1987 before the Central Government Industrial Tribunal (CGIT) praying for his reinstatement in service.

6. The CGIT by an order dated 16.06.2000 dismissed the claim of the Appellant and the termination order was upheld.

7. The Appellant workman, thereafter, preferred a Writ Petition before this Court being W.P.(C) No. 6796/2001 titled M. J. Porashad Vs. A.G.E.B.R.&T. Garrison Engineer (Central) & Anr. This Court has set aside the termination by judgment dated 17.04.2012, directing the reinstatement of the Workman with 50% backwages.

8. The order passed by the Learned Single Judge was unsuccessfully challenged by the Respondent Garrison Engineer by filing an LPA i.e. LPA 764/2012, and a Division of this Court dismissed the said LPA by an order dated 04.01.2013. A Special Leave Petition (SLP) was also preferred, in the matter by the Respondent, i.e. SLP (C) No. 14018/2013, and the Hon'ble Supreme Court has dismissed the said SLP by an order dated 13.11.2014.

9. The Appellant Workman on 18.11.2014 filed a complaint before the RLC, Central under Section 29 and 2(ra) read with Item No. 13 of the Fifth Schedule and Section 25U of the Industrial Disputes Act, 1947 (I.D. Act) praying for prosecution of the Garrison Engineer, Central for not complying with the order passed by this Court in W.P.(C) No. 6769/2012.

10. Another Writ Petition was preferred by the Appellant herein before this Court i.e. W.P.(C) No. 8858/2014 seeking implementation of the order dated 17.04.2014 passed in W.P.(C) No. 6796/2012. This Court by an order dated 12.12.2014 issued directions to the Garrison Engineer for compliance.

11. The Respondent Garrison Engineer in light of the various orders passed by this Court, made payments to the Appellant totaling to Rs. 16,45,898/- through a cheque dated 23.02.2015 and the amount was paid towards 50% backwages for the period with effect from 15.11.1985 to 31.07.2015 and 50% for the period with effect from 01.08.2012 to 21.04.2015.

12. It is pertinent to note that a certain amount was still due to be paid to the Workman. The Respondent by a demand draft dated 01.12.2016, paid to the Appellant Workman an amount of Rs. 5,14,066/-, the remaining amount for the period from 17.04.2012 to 21.04.2015.

13. A copy of the chart furnishing all minute details pertaining to the amounts paid to the Appellant Workman is reproduced as under:

"PAYMENT IN RESPECT OF MES-371450 SH M J PRASAD, ELECT (SK) OF GARRISON ENGINEER (CENTRAL) WHO WILL BE RE-INSTATE IN SERVICE W