COURT NO.5 HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO.905 OF 2006 (M/S) CIVIL SIDE Uttaranchal Transport Corporation through its Regional Manager, Dehradun ………… PETITIONER Versus 1. Deputy Labour Commissioner, Garhwal Region Dehradun 2. Roadways Karmchari Sanyukta parishad, Sahkha Hill Depot, District Dehradun through its secretary Sri Prem Singh Rawat. ……. RESPONDENTS Sri A.N. Sharmal, Advocate for the petitioner. Standing Counsel for the respondent no. 1 Dated: 17.7.2006 Hon’ble Rajesh Tandon, J. Heard the learned counsel for the parties at length. By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 2.6.2006 passed by the respondent no. 1. Briefly stated the respondent no. 2 filed an application under section 33(c) (2) of U.P. Industrial Disputes Act and the labour Court allowed the application vide order dated 16.5.2001 and awarded a claim of Rs.19,07,704.34. The petitioner filed a writ being writ petition No. 3401 of 2001 (SS) which was dismissed vide order date 28.10.2005. The order of this Court is quoted below: “Before the learned Labour Court, the petitioner has accepted that recommendation of 5th Pay Commission is binding on the Corporation and according to the recommendation, the dues are payable to their employees. It was also accepted that the financial condition of the corporation is not good at present and as and when the financial condition will be improved, the dues shall be padi toa the employees. Keeping in view the facts and circumstances of the case, the Tribunal has rightly ordered to pay the amount of Rs.19,07,704.34 to the employee-workmen within a period of one month. I do not find any force in the writ petition. The Labour Court has recorded the finding of fact, which does not call any interference. The writ petition is devoid of merit and is dismissed. No order as to costs.” The respondent no. 2 filed an application under section 6 H (1) before the Additional Labour Commissioner Uttaranchal being numbered as Misc. Case No. 187 of 2000. The application was decided vide impugned order dated 2.6.2006 and the Deputy Labour Commissioner, has passed the following order: “mDr foospuk ds vk/kkj ij eSa larq"V gWwa fd ekuuh; Je U;k;ky; nsgjknwu }kjk vkS?kksfxd fookn vf/kfu;e 1947 dh /kkjk 33 lh-2}k ds v/khu fofo/k okn la[;k 187@2000 fnukad 16-5-2001 ftlkh iqf"V ekuuh; mPp U;k;ky; mRrjkWpy uSuhrky ds fjV ;kfpdk la[;k 3401@2001 esa ikfjr vkns’k fnukad 28-10-2005 }kjk dh x;h gS ds vuqlkj ;wfu;u }kjk 19 fnlEcj 2005 ;Fkkla’ksf/kr fnukad 21-1-2006 esa of.kZr 323 deZpkfj;ksa dsk iape osru vk;ksx dh vuq’kalkvksa ds ifjikyu esa fnukad 1- 1-1966 ls 31-12-1968 rd dh ,fj;j dh jkf’k #053]82]835-50 iSls ¼#0 frjsiu yk[k O;klh gtkj vkB lsSk iSarhl ,oa ipkl iSls ek=½ ns; gS vkSj m0 iz0 vkS?kskfxd fookn vf/kfu;e 1947 dh /kkjk 6 ,p ¼1½ ds v/khu olwyh ;ksX; gSA vr% lsok;kstdksa dks funs’k fn;s tkrs gSa fd os mDr jkf’k dk Hkqxrky Jfedksa dks ,d ekg ds vUnj Je U;k;ky; nsgjknwu }kjk vo/kkfjr C;kt lfgr Hkqxrku djus dk d"V djsaA ” The applicability of fifth pay commission has not been denied by the employer. However, the petitioner has disputed the next amount and has prayed that the same may be paid to the respondent no. 2 after computing the same. In view of above, the respondents are directed to compute the amount within a period of six weeks and the same is directed to be paid to the employees concerned within 15 days thereafter along with the interest of 12% per annum as awarded by the laboure court and confirmed by this Court in writ petition No. 3401/2001 (SS). Subject to the observation made above, the writ petition disposed of. No order as to costs. Dated: 17.7.2006 Rajesh Tandon, J. *Dhyani