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Judgment
Ajay Rastogi, J.—Matter has come up on application filed by respondents under Article 226(3) of the Constitution of India seeking vacation of interim order dt.02/07/2003. At joint request, matter has been heard finally at this stage.
Counsel for respondent-workman submits that a dispute was raised by filing application on behalf of the workmen and after conciliation proceedings having taken place, finally Reference was made by appropriate Government and the same was answered in affirmative by Industrial Tribunal Jaipur vide Award dt.09/10/1995 in IT-124/88 which was assailed not only before this Court in CWP-2454/98 dismissed vide judgment dt. 07/03/98 and in Special Appeal (Writ) No. 997/08 dismissed vide judgment dt.03/12/2008 but also before Apex Court where SLP was dismissed vide order dt.08/07/2009; in compliance of the Award dt.09/10/95 passed in favour of the workmen, an order dt.06/10/2009 (Ann.R/1) was passed by petitioner-RSRTC.
Counsel for respondent workman submits that since present workman having not been included in the Reference (supra), he also raised dispute, on which appropriate Government made Reference; and keeping in view earlier Award dt.09/10/95 of which specific reference has been made in para 10 of Award dt.01/02/2001 in IT-36/1999 impugned herein, his claim was also decided in his favour and the same relief under earlier Award dt. 09/10/95 was granted to him.
Counsel further submits that in the light of the order dt.06/10/2009 (Ann.R.1) passed in compliance of the Award, he is also entitled for the same relief.
On the other hand, Counsel for petitioner (RSRTC) has been unable to distinguish the Award dt.09/10/95 - on the basis whereof, Award impugned herein has been made by learned Tribunal and taking note whereof, relief has been granted to such other similarly situated workmen.
Having considered material on record, in view of Award dt.09/10/95 passed in IT-124/88 which has indisputably attained finality by virtue of SLP filed by petitioner RSRTC being dismissed on dt.08/07/2009, the instant petition against Award impugned herein does not require any further examination on merits since the issue has already been considered by this Court.
Taking note of earlier Award Award dt.09/10/95 passed in IT-124/88 since having attained finality, instant petition deserves to be dismissed. Consequently, writ petition fails and is hereby dismissed. Petitioner RSRTC is directed to comply with Award impugned herein in terms of their order dt. 06/10/2009 (Ann.R/1) within three months.
No order as to costs.