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2001 Supreme(Bom) 375

R.J.KOCHAR
NEPC Airlines, Operation Department & others – Appellant
Versus
Captain A. K. Singh & others – Respondent


JUDGMENT - R.J. KOCHAR, J.:---The petitioners are aggrieved by the order dated 12-8-1998 passed by the 2nd respondent, Labour Court in Application No. LO-2/162 of 1997 filed by their former employee to claim earned wages/benefits and wages in lieu of two months notice period, under section 33-C(2) of the Industrial Disputes Act, 1947. The Labour Court had determined and computed the money dues of the respondent employee for the months of February, March, April, May, June, July, August, September and upto 13th October, 1997 to the tune of Rs. 15,94,290/-. It may be clarified at this stage itself that the wages for the month of May 1997 were nine days as lay off compensation and for the remaining period full wages were claimed and granted.

2. It was the case of the respondent employee, in nut shell, that he had not received his wages for the aforesaid period though he was continued to be in employment and was always available for allotment of work till 13th August, 1997. He had tendered his resignation on 13th August, 1997 as under the contract he was required to give two months notice. According to the employee he ceased to be in employment on and from 13-10-1997, and therefore, he










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