SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(SC) 1058

R.BANUMATHI, A.S.BOPANNA
Rai Bahadur Narain Singh Sugar Mills Ltd. – Appellant
Versus
Mangey Ram – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. K.G. Bhagat,Adv. Ms. Archna Midha,Adv. Ms. Rupal Taneja,Adv. Mr. Vineet Bhagat, AOR
For the Respondent(s): Mr. Ronak Karanpuria,Adv. Mr. Vishwa Pal Singh, AOR

Judgement Key Points

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 (!) , (!) .

How to determine the Labour Court's jurisdiction under Section 33-C(2) of the Industrial Disputes Act in relation to entitlements versus monetary benefits?

What is the scope of Section 6(H)(2) of the Uttar Pradesh Industrial Disputes Act, 1947 in calculating monetary benefits where the right has already been adjudicated?

How to address payment of wages for intervening periods when an employer's consideration of the employee's representation is required by higher court directions?


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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top