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Judgment
Bakhshish Kaur, J.
Kashmiri Lal Sharma-petitioner by way of filing an application u/s 33-C(2) read with Section 20 of the Industrial Disputes Act, 1947 (in short ''the
Act'') claimed Rs. 7,31,652.35 as arrears of revised pension, compensation at the rate of Rs. 200/- per day from 27.9.1984 till date being
pecuniary loss sustained by him and exemplary cost of the proceedings amounting to Rs. 55,000/-.
The petitioner who had been in the service of Union of India had retired on 1.5.1979 on attaining the age of superannuation. His application u/s
33-C(2) of the Act was dismissed by the Presiding Officer Labour Court, Jalandhar. Aggrieved by that order, he has invoked the extra-ordinary
provisions of this Court by filing a writ Articles 226/227 of the Constitution for quashing the order Annexure P-1.
It is an admitted fact that an award was passed by the Presiding Officer, Central Government Industrial Tribunal on 27.9.1984 in favour of the
petitioner. His reversion order was set aside. He was held entitled to arrears of salary as well as promotional benefits? The petitioner by way of
filing an application u/s 33-C(2) of the Act therefore, prayed for the execution of the award by claiming the amounts specified therein.
It is admitted fact that arrears of pension, gratuity etc. have not been paid to the petitioner. This petition, therefore, can be disposed of with a
direction to respondents No. 2 and 3 to pay the benefits, i.e., pension, gratuity etc. as the petitioner is entitled to recover the same.
The impugned order is, therefore, set aside. The writ petition is allowed with a direction to respondents No. 2 and 3 to pay the arrears of
pension, gratuity and other retiral benefits on the last pay drawn by the petitioner at the rate of 12% per annum from the date it became due till the
date of its realisation, within a period of three months.
Petition allowed