2020 (1) ADR 474 ::AIROnline 2019 Del 1643

Delhi High Court

Hon'ble Judge(s): C. Hari Shankar , J

(A) Industrial Disputes Act (14 of 1947) , Sch.II Item.3, S.33C— Industrial Disputes (Central) Rules (1957) , R.28— Reinstatement with back wages and continuity of service - Grant of - Industrial Tribunal, in its award, consciously restricting benefits to respondent workman to period from 30th November, 1988, being date when reference was received by Tribunal, till date of his reinstatement - No question of correction of error in absence of dispute about date of termination of respondent - ADJ, as an executing court was bound by terms of award and benefits granted to workman thereunder - Executing court cannot go behind or beyond decree which it seeks to execute - It has, therefore, to be held that ADJ erred in granting monetary benefits, albeit on notional basis, to respondent, commencing from 1st June, 1981 - Impugned order passed by ADJ, is liable to be set aside (Para 26) (B) Industrial Disputes Act (14 of 1947) , S.33C, S.11(9)— Limitation Act (36 of 1963) , Art.136— Award - Execution - Limitation - Award of Labour / Industrial Court would be executable like decree of a civil court and would, ipso facto, attract Art.136 of Limitation Act, which prescribes 12 years period of limitation - Execution petition filed 18 years after passing of award,....