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Judgment
Mr. Tripathy, learned advocate appears on behalf of petitioner who is the sangha. It has taken up cause of the workman. He submits, award dated 6th October, 2001 was made in favour of the workman regarding his scale of pay, yet not implemented. In the meantime, the management made unsuccessful attempt to challenge the award.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and points out from annexures-4 and 6, respectively the District Labour Officer made communication dated 24th May, 2023 followed up by reminder dated 4th January, 2024, requesting the management to implement the award.
On query from Court Mr. Tripathy submits, the award has become final.
In the circumstances, we are not inclined to direct issuance of notice to the management. Instead we direct opposite party nos.3 to 5 to take steps for complaint being lodged in proper Court under section 29 of Industrial Disputes Act, 1947, for urging penalty be imposed on the management for noncompliance with the award. The complaint under section 29 must be filed in the Court within two weeks from communication, unless there is compliance in the meantime. In this regard, reference may be made to notification dated 5th July, 1991 followed up by circular dated 3rd October, 1991 of the Labour Commissioner.
Petitioner is at liberty to communicate website copy of this order on the management as well as opposite party nos.3 to 5, who are to act thereupon.
The writ petition is disposed of.
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