IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M. No.3534 of 2011 in/and L.P.A. No.264 of 2010 (O&M) Date of decision: 2.8.2011 State of Haryana -----Appellant Vs. Ishwar Singh & another -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Anil Rathee, Addl.A.G., Haryana for the appellant. Mr. Abha Rathore, Advocate for respondent No.1/workman. --- ADARSH KUMAR GOEL, ACJ 1. This application has been filed for a direction for payment of wages as per Section 17-B of the Industrial Disputes Act, 1947 during pendency of this appeal. 2. Since contentions in support of this application and in support of main the appeal are almost same, we have heard learned counsel for the parties in the main appeal itself and we proceed to dispose of the main appeal. 3. On 24.2.2010, following order was passed:- “1. This appeal has been preferred against order of learned Single Judge, dismissing the writ petition for non-compliance of order of payment of wages under L.P.A. No.264 of 2010 Section 17-B of the Industrial Disputes Act, 1947 (for short, “the Act”). 2. It is not disputed that the appellant did not strictly comply with the order of this Court read with order of the Hon’ble Supreme Court. However, substantially the order was complied with. It is pointed out that respondent No.1was involved in a criminal case in FIR No.49 dated 2.2.2002 and he was declared proclaimed offender on 11.11.2009. Details of payments mentioned in para 3 of the grounds of appeal are as under:- ‘(i) Rs.24,406/- on 27.5.2004. (ii) Rs.26,400/- on 23.8.2008. (iii) Rs.3,300/- on 7.10.2008. (iv) Rs.21,450/- for which cheque dated 17.11.2009 was prepared but could not be delivered.’ 3. Even though there is negligence on the part of the State, in view of substantial payment having been made and willingness of the State to carry out the order of this Court, it will be in the interest of justice that the appellant is given indulgence of hearing of the writ petition on merits. 4. Notice of motion to respondent No.1 on application for condonation of delay as well as on merits, subject to amount being deposited in this Court within one month from today, for 17.5.2010, for final disposal. 5. In the meanwhile, there will be stay of the impugned order.” 2 L.P.A. No.264 of 2010 4. On 17.5.2011, following order was passed:- “In pursuance of order dated 22.2.2011, a copy of order dated 31.7.2009 passed by the Hon’ble Supreme Court, rejecting the prayer for extension of time, has been produced. However, it is submitted that wages in terms of Section 17B were paid though belatedly. The effect thereof can be considered at the time of final hearing. Admitted. Interim order to continue.” 5. Learned counsel for the State submits that though there is negligence on the part of the State in paying the wages, the arrears having been cleared and more than one lac of rupees having been paid, dismissal of the writ petition in default of payment ought to be set aside. 6. Learned counsel for the respondent-workman submits that extension of time having been declined even upto the Hon’ble Supreme Court, the payments made cannot be taken into account and writ petition cannot be restored. 7. We have heard considered the rival submissions. 8. There is no doubt that extension of time was declined but the payments having been made and accepted in pursuance of order of this Court dated 24.2.2010 and further undertaking having been given during hearing today by learned State counsel that any further payment which may be due will be made within 3 L.P.A. No.264 of 2010 two months from today, we are of the view that the State is entitled to be heard on merits. 9. Accordingly, we set aside the impugned order dismissing the writ petition in default. Let the writ petition be listed as per roster before learned Single Bench. Any further default in payment may entail such consequences as may be decided by learned Single Judge. 10. It is made clear that we have not expressed any opinion on merits. The appeal is disposed of. (ADARSH KUMAR GOEL) ACTING CHIEF JUSTICE August 02, 2011 ( AJAY KUMAR MITTAL ) ashwani JUDGE 4