R.BANUMATHI, A.S.BOPANNA
Rai Bahadur Narain Singh Sugar Mills Ltd. – Appellant
Versus
Mangey Ram – Respondent
Key Points: - The Labour Court's jurisdiction under Section 33-C(2) is limited to calculating monetary benefits where the right has already been adjudicated; it cannot decide entitlement first and then compute benefits under Section 33-C(2) (!) . - The scope of Section 6(H)(2) of the U.P. Industrial Disputes Act, 1947 is limited to calculation of monetary benefits where the right has already been adjudicated (!) . - The High Court directed that payment of wages for the intervening period is to be considered by the employer, and the Labour Court's 2011 order directing payment from the Award date was unsustainable given those directions (!) , (!) , (!) . - The interim deposit of Rs. 10,00,000 and withdrawal of Rs. 6,00,000 were acknowledged, with directions that Rs. 6,00,000 comply with wages payable post-Award up to reinstatement; Rs. 4,00,000 to be returned to the appellant; accrued interest to the respondent (!) , (!) . - The appellant’s obligation to consider the respondent’s representation for intervening period wages, as directed by the High Court, was affirmed; Labour Court's order directing payment without such consideration was set aside (!) , (!) , (!) . - The matter was disposed of with the directive that deposited amount and interest be handled as specified, and no further remand required (!) , (!) .
JUDGMENT :
A.S. BOPANNA, J.
1. Leave granted.
2. The Appellant-Sugar Mills is before us assailing the Order dated 06.08.2011 passed by the Labour Court in Misc. Case NO.42 of 2011 while taking note of a petition filed by the respondent under Section 33-C(2) of the Industrial Disputes Act.
3. The genesis of the case for the said petition being filed under Section 33-C(2) of the I.D. Act before the Labour Court is that Labour Court at the first instance in the proceedings bearing Adjudication Case NO.64/1996 had passed an award and ordered that the termination order dated 07.12.1994 against the respondent by the appellant herein was not proper and legal. Accordingly, it was ordered that the respondent herein be reinstated into service during the up-coming crushing season. As far as payment of back-wages is concerned, it was quantified at Rs.5,000/-, as compensation. With regard to the intervening wages during which the writ petition was pending, it was ordered that the respondent herein is relegated to the employer before whom he shall make a representation in that regard. The said order insofar as the said direction has attained the finality.
4. The respondent instituted a petition under
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