-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R D.B. Civil Special Appeal (Writ) No.1001 of 2002 Shankar Lal Sharma son of late Shri Jwala Ramji Sharma VERSUS M/s. K.E.C. International Limited, Jhotwara, Jaipur & Another Date of Order :::: March 4th , 2010 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice Mahesh Chand Sharma Shri Shankar Lal Sharma, appellant, present in-person Shri A.K. Sharma and Shri Vishnukant Sharma, Counsel for the respondents *** By the Court : (Per Hon'ble Mr. Justice Dalip Singh) Heard the appellant, in-person and the learned counsel appearing for the respondents. Though, the matter has been listed for orders on the three applications :- one application bearing No.15618 of 2009 purported to be filed under Section 17 (B) of the Industrial Disputes Act, 1947 by the appellant, second application bearing No.18362 of 2006 filed by the respondents with the prayer that the special appeal itself may be dismissed as having become infructuous and the third application bearing No.16357 of 2009 filed by the appellant- petitioner, in-person praying therein that the special appeal itself may be heard expeditiously. -2- The special appeal itself has been taken up for hearing on the request of the parties. We have heard the appellant, in-person and the learned counsel appearing for the respondents on the merits of the special appeal itself as well as on the applications enumerated above. The instant special appeal (bearing No.1001 of 2002) has been preferred against the judgment of the learned Single Judge dated 08.05.2002 passed in S.B. Civil Writ Petition bearing No.6613 of 1998, which was dismissed being premature. The aforesaid writ petition was filed by the petitioner for the following relief :- ''अत: माननीय Ûयायाधीश गण कȧ सेवा मɅ याची-ौिमक आदेशा×मक यािचका ूःतुत कर यािचका åयय सǑहत ःवीकार फरमायी जाकर ǒवप¢ीगण को िनदȶश Ǒदये जावे याची के प¢ मɅ माननीय औधोिगक Ûयायािधकरण के आदेश Ǒदनांक 7.4.97 कȧ पालना कराये सेवारत मानते हए वेतन एवं भƣɉ ु सǑहत बɇक के िनयमानुसार24 ूितशत Þयाज Ǒदनांक 3.6.90 से मय हजɏ खचɏ सǑहत चुकाने हेतु िनदȶश फरमायɅ जावे।'' From the above, it is clear that the petitioner sought a direction for the implementation of the order passed by the learned Industrial Tribunal dated 07.04.1997. While the aforesaid writ petition was pending before this Court certain developments took place, which need to be stated here. The respondent-employer preferred a writ petition before this Court challenging the order of the learned Industrial Tribunal dated 07.04.1997 in S.B. Civil Writ Petition No.4618/1999, which -3- was came to be dismissed by the learned Single Judge vide judgment dated 19.08.2002. The aforesaid judgment dated 19.08.2002 passed in aforesaid writ petition was challenged before the learned Division Bench of this Court in D.B. Special Appeal (Writ) No.1006 of 2002 by the respondent-employer. During the pendency of the aforesaid appeal and the writ petition before the learned Single Judge the operation of the order passed by the learned Industrial Tribunal dated 07.04.1997 had been stayed. The aforesaid special appeal ultimately came to be decided by the learned Division Bench of this Court vide its judgment dated 09.03.2006, wherein the learned Division Bench has set aside the judgment of the learned Single Judge dated 19.08.2002 allowed the writ petition against the judgment of the Industrial Tribunal dated 07.04.1997 and remanded the case to the learned Industrial Tribunal with the direction to restore the application filed by the employer under Section 33 (2) (b) of the Industrial Disputes Act, 1947 and decide the same in accordance with law. Against the judgment of the learned Division Bench dated 09.03.2006 in D.B. Special Appeal (Writ) bearing No.1006 of 2002 the workman-appellant preferred a review petition bearing No.32 of 2006, which came to be dismissed by the learned Division Bench vide its order dated 18.04.2006. As a consequence of the judgment of the learned Division Bench dated 09.03.2006 passed in D.B. Special Appeal (Writ) No.1006 of 2002 the learned Industrial Tribunal decided the application filed by the employment under Section 33 (2) (b) of the -4- Industrial Disputes Act, 1947 and granted approval against the dismissal of the services of the workman-appellant-Shankar Lal Sharma vide its order dated 03.02.2007. In view of the judgment of the learned Division Bench dated 09.03.2006, the subsequent order of the learned Industrial Tribunal dated 03.02.2007 granting approval under Section 33 (2) (b) of the Industrial Disputes Act, 1947, the original order passed by the learned Industrial Tribunal dated 07.04.1997 does not exist. Since, the petitioner had preferred the writ petition bearing No.6613/1998 for the implementation of the directions contained in the order of the learned Industrial Tribunal dated 07.04.1997, which as has been set aside by the learned Division Bench of this Court in D.B. Special Appeal (Writ) No.1006/2002 under the judgment dated 09.03.2006 allowing the writ petition of the respondent employer against the judgment dated 07.04.1997 and thereafter the learned Tribunal having granted approval against the dismissal of the workman-appellant vide its judgment dated 03.02.2007 under Section 33 (2) (b) of the Industrial Disputes Act, 1947, the question of implementation of the directions contained in the origional order of the learned Industrial Tribunal dated 07.04.1997 for which the writ petition bearing No.6613/1998 came to be filed by the petitioner-appellant does not arise. In that view of the matter, this special appeal bearing No.1001/2002, arising out of the aforesaid writ petition bearing No.6613/1998 against the judgment of the learned Single dated 08.05.2002 deserves to be dismissed. So far as the application bearing No.15618/2008 purported to have been filed under Section 17 (B) of the Industrial -5- Disputes Act, 1947 on 25.04.2008, by the appellant in this special appeal is concerned, suffice it to say that the provisions of Section 17-B of the Industrial Disputes Act, 1947 are not at all attracted to the facts of the present case. The aforesaid application bearing No.15618 dated 25.04.2008 is accordingly dismissed. So far as the application bearing No.18362/2006 filed by the workman-appellant with the prayer that the appeal itself may be heard is concerned, the aforesaid prayer has been accepted and the appeal itself has been heard at the request of the parties. The application bearing No.18362/2006 stands disposed of. So far as the application bearing No.16357/2009 filed by the respondents is concerned, the same also stands disposed of as the appeal itself has been disposed of by this order. In the light of the above, all the three applications and the special appeal bearing No.1001/2002 stand dismissed. We may further add here that against the judgment of the learned Industrial Tribunal dated 03.02.2007 granting approval under Section 33 (2) (b) of the Industrial Disputes Act, 1947 the petitioner has already preferred a writ petition before the learned Single Judge (S.B. Civil Writ Petition No.1012 of 2007 - Shankar Lal Sharma Vs. K.E.C. International Limited and Another) and in case the said writ petition is allowed, the petitioner would be entitled to raise the claim for consequential benefits as per law irrespective of the fact that the writ petition No.6613 of 1998 and special appeal (writ) No.1001 of 2002 has been dismissed by this Court. Subject to the above, the three applications and the -6- special appeal stand disposed of. (Mahesh Chand Sharma) J. (Dalip Singh), J. Ashok/