1999 PLP 434 (PLC)

Appeals Nos. HYD‑460 to HYD‑468 of 1993, decided on 10th March, 1998. ‑‑‑‑Ss. 25‑A, 38 & 51‑‑‑Reinstatement with back benefits‑‑‑Release of amount of back benefits‑‑‑Labour Court ordered re‑instatement of employees with back benefits and order of Labour Court was affirmed by Labour Appellate Tribunal in appeal filed by employer against order of Labour Court‑‑‑Employer did not release amount which was deposited as back benefits contending that employer intended to file petition against order of Labour Appellate Tribunal, but no such petition had been filed and neither any stay order had been obtained by employer in that respect‑‑‑Employer was trying to delay release of said amount‑‑‑Application of employees for release of amount of back benefits was allowed directing officials concerned to release the amount. Muhammad Raja Shamsuzzaman for Appellants. Muhammad Shafi for Respondents. This order will dispose of an application moved by the respondents workers in Appeals Nos. HYD‑460 to 468 of 1993 for the release of the amount deposited in this Tribunal as back benefits vide Cheque No. 350025, dated 1‑11‑1993 for Rs.6,86,270.61 on 2‑11‑1993. Briefly stated the facts giving rise to the present application that the aforesaid workers had filed their Grievance Petition Nos. l, 2, 3, 4, 5, 6, 8, 200, 215 and 216 of 1991 in Labour Court No. VI, Hyderabad, for reinstatement and. back benefits. Vide order dated 12‑7‑1993 the learned Labour Court allowed their petitions and ordered the Railway Department to reinstate them with back benefits. Against the order of the learned Labour Court Appeals Nos. HYD‑460 to HYD‑468 of 1993 were filed in this Tribunal and the same were dismissed by the order of this Tribunal dated 21‑11‑1995. Thereafter, the workers preferred this application on 5‑9‑1997 for the release of the amount mentioned above which has been deposited as back benefits. The matter is being adjourned since then from time to time on the request of the Railway Department that they intend to file petition against the order of this Tribunal. Presumably no such petition has been filed till today as no stay order has been received by this Tribunal from the High Court. So many workers are attending this Tribunal on each and ever' hearing alongwith their Advocate. Even today the Railway Department has moved an application for adjournment, on the ground that their Advocate is busy at Karachi. It appears that the Railway Department is not in a mood to pay the amount of back benefits to the workers and trying to delay the release of such amount by this Tribunal. Under the circumstances adjournment application moved by the Railway Department is hereby rejected and the application for release of the back benefits deposited in this Tribunal is allowed. The office of the Tribunal is directed to release the amount deposited in this Tribunal after necessary verification as required by the law. H.B.T./254/K/Lab. (Trib.) Order accordingly.