IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22009 of 2004 Between: The Management of Singareni Collieries Co.Ltd. Kothagudem, Khammam District ..... PETITIONER AND 1 The Workmen of SCCL rep.by its General Secretary, Singareni Minerals & Engineering Workers Union (HMS) Sri Riaz Ahmed, Kothagudem, Khammam District 2 The Chairman, Industrial Tribunal-I, Nampally, Hyderabad .....RESPONDENTS Counsel for the Petitioner:Ms.V.UMA DEVI Counsel for Respondent No.1:MR. K.VASUDEVA REDDY Counsel for Respondent No.2: NONE APPEARED Counsel for Respondent No.3: MR. G.VIDYASAGAR The Court made the following : ORDER: At the interlocutory stage, this writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a writ of certiorari to call for records in I.D.No.34 of 1984 and quash the same. At the outset, it is required to be noted that the petitioner failed to claim proper relief. From the averments contained in the affidavit, it is evident that the petitioner felt aggrieved by order, dated 27.08.2004 passed by the Chairman, Industrial Tribunal (Central)-I (for short ‘the Tribunal’) in I.A.No.17 of 2003 in I.D.No.34 of 1984. The said order was passed by the Tribunal on the application filed by the petitioner seeking permission to withdraw a sum of Rs.31,29,980/- to enable it to disburse the same among the eligible workmen towards charge allowance in terms of award, dated 31.01.1987. In this writ petition, at it’s instance, Singareni Collieries Workers’ Union registered No.7 has been impleaded as respondent No.3. The brief background leading to the filing of the writ petition is that respondent No.1 union raised Industrial Dispute on the entitlement of the Fitters and Electricians, of the petitioner company, to receive charge allowance. The said dispute, which was registered as I.D.No.34 of 1984, was disposed of in favour of the workmen by the Tribunal by it’s award, dated 31.01.1987. The petitioner filed Writ Petition No.4914 of 1987 questioning the said award. By order, dated 08.05.1990, this Court directed the petitioner to deposit charge allowance @ Rs.40/- per workman pending the writ petition. Accordingly, a sum of Rs.31,29,980/- was deposited by the petitioner before the Tribunal. By order, dated 13.11.1990, this Court allowed the said writ petition and set aside the award passed by the Tribunal. Respondent No.1 union filed Writ Appeal No.613 of 1991, which was disposed of vide it’s judgment, dated 19.09.1996 passed by a Division Bench, which modified the award of the Tribunal by directing payment of overtime allowance in place of charge allowance. The petitioner carried the matter in appeal before the Supreme Court and the same was registered as Civil Appeal No.3160 of 1997, which was allowed by the Supreme Court by setting aside the judgment of the Division Bench of this Court and confirming the award of the Tribunal. At the hearing, it is brought to the notice of the Court that on 09.08.2002, a fresh settlement was arrived at between the petitioner and respondent No.3 union regarding payment of charge allowance with effect from October, 2002. Thereafter, the petitioner filed I.A.No.17 of 2002 before the Tribunal seeking permission to withdraw the amount of Rs.31,29,980/- to enable it to disburse the said amount among the eligible Fitters and Electricians. This application was dismissed and questioning the same, the petitioner filed the present writ petition. In the affidavit filed by the petitioner before the Tribunal, it is inter alia stated that the amount of Rs.31,29,980/- deposited on 18.05.1990 should be disbursed to the Fitters and Electricians. It is further stated that unless the amount lying in deposit is permitted to be withdrawn, the petitioner will not be in a position to pay the charge allowance to the Fitters and Electricians. The said request of the petitioner was rejected by the Tribunal on the ground that respondent No.1 union is taking necessary steps for execution of the award and, therefore, it is not proper and fair for the petitioner to claim the said amount. In my considered view, the Tribunal failed to apply it’s mind to the circumstances, under which, the petitioner filed it’s application for withdrawal of the money lying in deposit. It is nobody’s case that the petitioner sought withdrawal of the amount to appropriate the said money to itself. This crucial aspect is lost sight of by the Tribunal, which lead to the deprivation of disbursement of the said amount among the eligible workmen for more than four years. Such an order coming from a responsible judicial officer cannot be appreciated. At the hearing, Sri K.Vasudeva Reddy and Sri G.Vidyasagar, learned counsel for respondent Nos.1 and 3 respectively submitted that if the amount of Rs.31,29,980/-, which is lying in deposit of the Tribunal, is disbursed among the eligible Fitters and Electricians after proper identification, there can be no objection for allowing the petitioner to withdraw the said money. Ms.V.Uma Devi, learned counsel for the petitioner submitted that as the very purpose of the petitioner filing this application before the Tribunal was to disburse the amount in order to comply with the award of the Tribunal, it cannot have any objection for the same. Indeed, on the admitted facts of this case, it is the bounden duty of the petitioner to implement the award passed by the Tribunal, which received affirmation by the Supreme Court. In this view of the matter, the writ petition is disposed of by permitting the petitioner to withdraw the sum of Rs.31,29,980/- which is lying in deposit with the Tribunal subject to the condition that the said amount along with interest accrued thereon should be disbursed by the petitioner to the eligible workmen (Fitters and Electricians). Before disbursement is made, the petitioner shall give notices to respondent Nos.1 and 3 unions and receive objections on the aspect of identity of the eligible workmen. The Tribunal shall permit the petitioner to receive the said amount forthwith on the application filed by it and it shall complete this exercise of disbursement within a period of three (3) months from today. It is made clear that if the eligible workmen are entitled to receive the amounts over and above the sum of Rs.31,29,980/- in terms of award, dated 31.01.1987, they shall be free to seek execution of the award for recovery of the balance amount due under the award. It is also made clear that any dispute regarding calculation of the amounts payable under the award shall be subject matter of the Execution Proceedings that may be initiated by the workmen or the unions representing them. C.V.NAGARJUNA REDDY, J 25th NOVEMBER, 2008. kvni