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2007 Supreme(All) 1651

TARUN AGARWALA
U. P. CO-OPERATIVE SPINNING MILLS – Appellant
Versus
RAM MAGAN – Respondent


Advocates:
Counsel :
R.K. Ojha, Dhananjay Awasthi for the Petitioner; Avanish Misra, F. Kazmi, S.C. for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—Respondent’s No. 1 father died-in-harness and, accordingly, the respondent No. 1 was appointed on compassionate ground as a driver on a permanent vacant post. Instead of paying the regular wages of a driver, the workman was being paid a fixed salary. The workman raised a demand for the payment of regular salary which was not considered by the employers. Consequently, he filed an application under Section 33-C(2) of the Industrial Disputes Act and, the Labour Court, after considering the matter, awarded a sum of Rs. 55,102.88 towards the difference of wages. A review application was filed by the employer which was also rejected and eventually when a recovery certificate was issued, the employers, after paying the said amount to the workman also terminated his services on 2.7.1997. This led to an Industrial Dispute which was referred to the Labour Court under Section 4-K of the Act for adjudication. The terms of the reference order was whether the employers were justified in not giving the workman the wages and other benefits on the post of driver w.e.f. 12.6.1997 and whether the employers were justified in terminating the services of the workman w.









































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