Interpretation of S.33C(2) of the Industrial Disputes Act regarding entitlement to wages during suspension.

K. VEERASWAMI, C.J.

Per K. Veeraswami, C.JThe Labour Court rightly held, in our view, that in view of the suspension of the workmen as a punishment, they were not entitled to any wages and, therefore, no question of computation of the wages would arise under S.33C(2) of the Industrial Disputes Act. Ismail, J., thought that because to the suspension, that would not was raised by the management in its counter in relation to the suspension, that would not be a relevant matter. That question would have to be decided in an appropriate proceeding. In petitions under S. 33C(2) that question cannot be gone into. Once the Labour Court was informed and it was satisfied that there had been a punishment by way of suspension, no further question can arise, as, in view of the suspension, no claim could be made for wages.

2. So far as the overtime wages are concerned, the learned Judge has found that the workman in W.A. No. 402 of 1969 has worked beyond the normal working hours. That finding appears to be correct. In view of it, he will be entitled to overtime wages.

3. Both the appeals are allowed in so far as they related to the question of suspension and the claim of wages for the period of suspension. W.A. No. 402 of 1969, in so far as it related to overtime wages, does not succeed and is dismissed. No costs in either of the appeals.