ALLAHABAD HIGH COURT
G. C. MATHUR, J.
Singh Engineering Works Pvt. Ltd. - Appellant
Versus
Kandhai - Respondent
Civil Revision Nos. 1015, 1016 and 1157 of a 1972.
Decided On : 03-01-1975
JUDGMENT
G. C. Mathur, J. - These three revisions arise out of two applications filed under Sec. 15 (2) of the Payment of Wages Act. Since common questions of law arise in these cases, it is convenient to dispose them of by one judgment.
2. Messrs. Singh Engineering Works Private Ltd., Kanpur, were running two sections, namely the Steel Foundry Section and the Cast Iron Foundry Section. On May 29, 1970, they put up a notice that the Steel Foundry Section would be closed from May 30, 1970, that the employees working in this section had become surplus and were retrenched and directed them to take their retrenchment compensation. Twelve out of the thirty employees working in the Steel Foundry Section approached the employers and they were engaged in the Cast Iron Foundry Section. Fifteen other employees took their retrenchment compensation and ceased to be in service. The remaining three employees, namely, Kandhai Singh, Musafir Singh and Jagannath did not take their retrenchment compensation. On November 16, 1970, an application was filed on behalf of Kandhai Singh and Jagannath by Sri G. L. Bajpai, President, U. P. Workers Union, under Sec, 15 of the Payment of Wages Act, claiming wages for the period May 16, 1970 to October- 31, 1970 and compensation for the alleged illegal deduction of wages. Another application was filed by Sri G. L. Bajpai on behalf of Musafir Singh, Kandhai Singh and Jagannath claiming wages for the period November 1, 1970 to May 31, 1971 and claiming compensation for the wrongful deduction of wages. The employers admitted that Kandhai Singh, Jagannath and Musafir Singh were their employees but pleaded that on account of closure of the Steel Foundry Section in which they were working they were retrenched from service with effect from June 1, 1970 and were, therefore, not entitled to the wages and compensation claimed. It was, however, admitted that these three persons were entitled to retrenchment compensation and that the employers were still willing to pay the same. The employers further contended that the Payment of Wages Authority had no jurisdiction to decide the question regarding the closure and the retrenchment of the employees.
3. By order dated July 13, 1971, the Payment of Wages Authority directed the employers to pay a sub of Rs. 1,913.16 together with a compensation amounting to Rs 25-00 to Kandhai Singh and to pay a sum of Rs. 1,318.24 together with a compensation of Rs. 25-00 to Jagannath. In the second application, the Payment of Wages Authority directed the employer to pay a sum of Rs. 1,168.44 to Musafir Singh, Rs. 2,336.88 to Kandhai Singh and Rs. 2,142.14 to Jagannath. It further directed the employers to pay a compensation of Rs. 25-00 to each one of them. The Authority held that there did not seem to be any closure of the Steel Foundry Section from May 30, 1970 and that the story of closure seemed to have been prepared to justify the refusal of work to some workers. In this view, the Authority considered that the three employees continued in service.
4. Against the order of the Payment of Wages Authority in the two cases, the employers filed two appeals before the District Judge. In the appeals, the main quest on raised was that the Payment of Wages Authority had no jurisdiction to go into the question whether the closure was a real and valid one and whether the retrenchment of the employees concerned was justified or not. A third appeal was filed by the employees claiming that compensation should have been awarded at ten times the amount of deducted wages. By a common judgment dated August 4, 1972 the Additional District Judge, Kanpur, dismissed all the three appeals. Hence these three revisions.
5. Sri Jagdish Swarup, learned counsel for the employers, has urged that in the face of the plea raised by the employers that the Steel Foundry Section had been closed and that the employees of that section had been retrenched, the Payment of Wages Authority had no jurisdiction to entertain t
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.