Vijoy Kumar Sinha v. Bhagalpur Nagar Nigam And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17504 of 2008 =========================================================== Vijoy Kumar Sinha, son of Late Sita Ram Prasad, Resident of Mohalla Kiubganj (Chatpati Talab) P.O. Mirzanhat, P.S. Ishaqchak, District Bhagalpur. .... .... Petitioner/s

Versus

1. Bhagalpur Nagar Nigam through its Administrator, Bhagalpur.

2. Mahapor, Bhagalpur Nagar Nigam, Bhagalpur.

3. Nagar Ayukta Bhagalpur Nagar Nigam, Bhagalpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Ranjan, Adv. For the Respondent/s : Mr. Manish Kumar Mr. Maruth Nath Roy =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 21-11-2017 Heard learned counsel for the petitioner and counsel for the Municipal Corporation The question is implementation of the award dated 30.12.1995 which is passed in Reference Case No. 5 of 1990, whereby and whereunder, the petitioner has been reinstated in service. When the award was not implemented, the petitioner filed an application under 33 C (2), the amount was computed, money has been paid but, learned counsel for the petitioner submits that the award, in substantial, has not been implemented and he has not been given any work though others have been given the benefit of implementation of the award. The amendment in Section 11(10) of the Industrial Dispute Act has been introduced to resolve such issue

Patna High Court CWJC No.17504 of 2008 dt.21-11-2017 which reads as follows:- "11(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order of settlement as if it were a decree passed by it." From reading of Sub-Section 10 of Section 11 of the Industrial Dispute Act, it is apparent that the award of the Tribunal or Labour Court will be executed as a decree by the Civil Court. In that view of the matter, let the petitioner should approach to the Civil Court for execution of the award and the Civil Court will proceed and get the award executed in accordance with law. With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.12.2017 Transmission Date NA