1. The respondents Abdul Majid Wani and Mustaq Ahmad Malik Daily wagers in the Electric Maintenance and Rural Electrification Division Bijbehara, were disengaged from the service vide petitioners order dated 18-12-1987. The respondents raised a dispute and questioned their disengagement as daily wagers. The Government referred the dispute to the Industrial Tribunal (Labour Court) under Section 10 of the Industrial Disputes Act, 1947. The Industrial Tribunal/ Labour Court vide its judgment award dated 8-12-1989 held the order of disengagement of the respondents as bad and illegal, after setting aside the order. Respondents were deemed to be in continuous service with the petitioner from the date of their initial engagement. Their reinstatement with back wages and other benefits was also directed. The reference was accordingly answered.

2. The Respondents thereafter filed a writ petition 1061/93 in the High Court for implementation of the Award as published in the Government Gazette on 26-4-1990. The Honble High Court vide its order dated 28-06-1993 directed the respondents to consider the representation, if any made, by the writ petitioners before the respondents, within 90 days.

3. Contempt petition No. 174/94 arising out of order dated 28-6-1993 passed in SWP No. 1061/1993 is pending in the High Court and during its pendency the respondents filed petition under Section 33-C (2) of the Industrial Disputes Act before the Industrial Tribunal (Labour Court) Srinagar for computation of their back wages in money terms. The matter is pending before the said court.

4. The respondents filed a complaint before Chief Judicial magistrate, Srinagar against the petitioner for appropriate action for non-implementation of the award dated 8-12-1989 of the labour Court. The Chief Judicial magistrate while taking cognizance of complaint, on 20-05-97, issued a notice to the respondents for appearance and thereafter took further proceedings in the matter which have so for culminated in the impugned order of fresszing the salary head of the petitioner to the extent of Rs. 5,11.088/- and for remittance of the amount in the Court of Chief Judicial Magistrate, Srinagar.

5. The Industrial Disputes Act envisages and lays down a self contained mechanism for implementation of the award given under Section 10 of the Industrial Disputes Act, 1947, hereinafter, called the "Act. The Award becomes enforceable on the expiry of the 30 days from the date of its publication under Section 17 of the Act. The mode for enforcing the Award passed under the Act is provided in Section 33-C of the Act. The Award money due can be realised by the Workman or any other person authorised by him on applying to the Govt. subject to other conditions applying. The Government on its part on satisfaction that the money is due shall issue a certificate for that amount to the Collector, who shall proceed to recover the amount in the same manner as arrear of the land revenue.

6. There is no other provision for enforcement of the award, muchless through the Criminal Court. The complaint filed before the Chief Judicial magistrate, Srinagar is under no law and the proceedings initiated by the Chief Judicial Magistrate on the basis of a non-existing complaint are vitiated and is misuse of process of law court. The Magistrate has not applied its judicial mind and without looking whether the complaint is at all cognizable has proceeded to attach the amount, which according to the respondent, is the amount due to them under the Award.

7. The complaint does not disclose necessary facts to constitute an offence and the cognizance of the complaint and issuing of the process is ex-facia abuse of the process of the Court.

8. I have heard the counsel for the parties and considered the matter. It would be seen that after an award is passed by the Industrial Tribunal under Section 10 of the Act and same is published and becomes enforceable, the Award can be enforced by making an application to th

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