C.W.P. No.7734 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.7734 of 1992 Date of Decision : 19.04.2011 Punjab State Electricity Board, Patiala …Petitioner Versus The Presiding Officer and another …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Roshan Lal Sharma, Advocate for the petitioner. Mr. K.S. Kang, Advocate for respondent No.2 – workman. *** AJAY TEWARI, J. (ORAL) This petition has been filed against the award of the Labour Court dated 23.01.1992 directing the petitioner to pay salary of the respondent No.2 from June 1986 to August 1988. Learned counsel for the petitioner has vehemently argued that the respondent No.2 was unauthorizedly absent from duty w.e.f. February 1982 to January 1983 and June 1986 to August 1988 and C.W.P. No.7734 of 1992 -2- even the charge-sheet was issued to him with regard to this act of omission. He has further argued that an application under Section 33 (c) (2) of the Industrial Disputes Act (for brevity ‘the Act’) is in the nature of execution of petition and cannot be filed for adjudicating a claim on merits. In response, learned counsel for respondent No.2 was drawn the attention of this Court to the order passed by the learned Labour Court where it was found that the show cause notice was never issued during the period when the workman-respondent No.2 was allegedly absent or even within a reasonable time of his joining and the notice was issued only on 09.07.1990 after the application under Section 33(c)(2) of the Act was filed. Even before the Court no material was laid to substantiate the plea that the respondent No.2 was absent. With regard to argument that application under Section 33 (c)(2) of the Act would not lie since it was basically the nature of execution of petition, I find this issue though raised before the Labour Court was specifically not pressed. In the circumstances, in my considered opinion, it would not be in the interest of justice to allow the petitioner to raise this issue in the writ petition. Consequently, this petition is dismissed. ( AJAY TEWARI ) April 19, 2011 JUDGE C.W.P. No.7734 of 1992 -3- ashish