CWP No. 12201 of 1989 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 12201 of 1989 Date of decision March 14, 2011 Messrs Bhartia Cutter Hammer Limited ....... Petitioner Versus The Presiding Officer, Labour Court-II, Faridabad and another ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- None for the petitioner. Mr. A. K. Sharma, Advocate for Mr. A. P. Bhandari, Advocate for the respondents. **** 1. Whether reporters of local papers may be allowed to see the judgment ?No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. There is no representation on behalf of the petitioner but counsel for the respondent is present. The writ petition contains a challenge for awarding wages to the workman for the period from 16.3.1982 to 31.12.1983 amounting to `29,345/-. The contest for claim of wages by the Management was on the ground that the workman had filed a suit for a restraint against the Management from preventing him from entering into the factory. The Civil Court had dismissed the suit as not maintainable and when the petition had been filed before the Labour Court the contention was that the Civil Court decision constituted res judi cata. The principle of res judi cata will apply only to a case rendered on merits CWP No. 12201 of 1989 2 and will not apply to a case which was dismissed as not maintainable before a particular forum, especially when the workman ultimately resorts to correct forum for adjudication. 2. There had been also a plea for estopple to the workman on the ground that he had been in service from 1970 and he was not entitled to make a claim for the benefits which were withdrawn from him by his own conduct. The period during which the workman was making a claim related admittedly to the time when the workman had not been permitted to enter the factory i.e. On 16.3.1982 to 31.12.1983. The denial of entry was on the ground that the workman had not worn uniform and he could not be therefore permitted to enter. The workman relied on a settlement entered with the Management under the terms of which the workmen were allowed to enter the premises without uniform provided by the Company but they would change the uniform before punching attendance card and entering into the top floor for duty. If only the workman was found at the place of work without proper uniform or he did not have uniform before punching the card for attendance he could be treated as absent. The contention of the workman was therefore that having been kept unlawfully out of duty the workman could not have been denied his wages for the said period. The Labour Court had accepted the plea and entered an award of `38,250/-. 3. There is no representation on behalf of the Management and I have proceeded to examine the case on merits and found that there is nothing amiss in the order to require an intervention. The writ petition is dismissed. (K. KANNAN) JUDGE March 14 , 2011 archana CWP No. 12201 of 1989 3