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2016 Supreme(Jhk) 604

APARESH KUMAR SINGH
C. H. Bapa Rao @ C. H. Bappa Rai – Appellant
Versus
Indian Steel & Wire Product Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M/s. Anubha Rawat Choudhary, Girish Mohan Singh, Advs.

JUDGMENT :

Heard learned counsel for the petitioner.

2. Petitioners 36 in number instituted M.J.Cases before the Presiding Officer, Labour Court, Jamshedpur for computation of their monthly pay, dearness allowances and other allowances outstanding due with opposite party/employer for the period 1st April, 1998 to 19th December, 2003 and to pay the amount so computed.

3. On the rival pleadings of the parties four issues were framed by the learned court, which are as follows:

“(i) whether the applicants worked at their work place under the employment of opposite party during the period 01.4.1998 to 19.12.2003 ?

(ii) whether there was temporary closure/suspension of work in the company during the period 01.4.1998 to 19.12.2003?

(iii) whether temporary closure, if any of work creates any legal impediment in the entitlement of the applicants to get full wages for the closure period of the company on the application of legal principles of “No work no pay”

(iv) whether the applications of the applicants/workmen u/s. 33C(2) I.D Act for the relief sought for is maintainable?”

4. The applicants examined only one witness, who deposed on behalf of all applicants and supported the pleadings stating tha















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