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2013 Supreme(Chh) 105

SATISH K.AGNIHOTRI
MOHAN JUTE MILLS LTD. – Appellant
Versus
DEPUTY LABOUR COMMISSIONER – Respondent


Advocates Appeared:
For the Parties :Shri Ashish Shrivastava, Advocate, for the Petitioner
Shri V.V.S. Murthy, Dy. Advocate General, for the State.

ORDER

1. Challenge in this petition is to the order dated 05.07.1997 (Annexure P-1), passed by the Deputy Labour Commissioner, Chhattisgarh Region, Raipur, whereby, the petitioner is directed to pay a sum of Rs. 2,28,937.50 as a difference of pay to 535 workers on the ground that the lay off declared by the petitioner Mill between 10.06.1995 to 25.06.1995 was illegal.

2. The Labour Court was informed that in the petitioner Mill without information for want of non-complying of raw material (Jute) workers, there was lay off from 10.06.1995 to 25.06.1995 and, as such, the workers have suffered 50% loss of payment of wages and, as such, it amounts to violation of 25M of the Industrial Disputes Act, 1947 (for short "the ID Act") and punishable under Section 25Q of the ID Act.

3. The Labour Officer by communication dated 09.01.1997 (Annexure P-6) sent a communication with request to the Deputy Labour Commissioner, Chhattisgarh Region, Raipur, informing that the layoff period 10.06.1995 to 25.06.1995 declared by the petitioner Jute Mill was not legal and, as such, necessary steps be taken to ensure proper payment to the workers. Pursuant thereto, a show cause notice was issued on 27.01.1997













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