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2021 Supreme(UK) 66

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sharad Kumar Sharma, J.
Uttam Sugar Mills Ltd - Appellant
Versus
Manoj Kumar - Respondent
Writ Petition No. 1631 of 2019, 1695 of 2019, 1696 of 2019, 1760 of 2019, 1762 of 2019 , 1766 of 2019
Decided On : 15-03-2021

Advocates Appeared:
Siddhant Manral, Advocate, Ashutosh Thakral, Advocate

The central legal point established in the judgment is the applicability of Section 33-C(2) and Section 6H(2) in determining the entitlement of workmen to receive enhanced revised wages as per the Wage Board recommendation and the enforceability of the notifications issued by the State Government.

Headnote:

Labour Dispute - Industrial Disputes Act - Section 33-C(2) - 1947 - Summary of Acts and Sections: U.P. Industrial Disputes Act, 1947, Section 3(b); Industrial Disputes Act, 1947, Section 33-C(2) - The court discussed the applicability of Section 33-C(2) of the Industrial Disputes Act, 1947 and Section 6H(2) of the U.P. Industrial Disputes Act, 1947 in relation to the enforcement of revised pay scale for workmen. The court emphasized the judicial precedence and legislative intent in determining the entitlement of workmen to receive enhanced revised wages as per the Wage Board recommendation and the implications of the notifications issued by the State Government. The court also highlighted the parameters for deciding claims under the respective provisions and the applicability of the provisions to the workmen in an industry.

Fact of the Case:

The petitioners, as industrial establishments, were challenged by workmen for non-payment of increased revised wages as per the notification issued by the State Government under Section 3(b) of the U.P. Industrial Disputes Act, 1947. The workmen invoked Section 33-C(2) of the Industrial Disputes Act, 1947 to claim the benefit of the revised pay scale.

Finding of the Court:

The court found that the workmen were entitled to receive the enhanced revised wages as per the Wage Board recommendation enforced by the State Government. The court upheld the applicability of Section 33-C(2) and Section 6H(2) to determine the monetary benefits for the workmen and dismissed the writ petitions filed by the petitioners.

Issues: The issues involved the applicability of Section 33-C(2) and Section 6H(2) in determining the entitlement of workmen to receive enhanced revised wages and the enforceability of the notifications issued by the State Government.

Ratio Decidendi: The court's decision was based on the interpretation of the provisions under Section 33-C(2) of the Industrial Disputes Act, 1947 and Section 6H(2) of the U.P. Industrial Disputes Act, 1947, along with the judicial precedence and legislative intent in enforcing the revised pay scale for workmen.

Final Decision: The court dismissed the writ petitions and ordered the refund of the deposited money to the respective workmen, affirming their entitlement to the revised wages as per the notifications issued by the State Government.

JUDGMENT

Sharad Kumar Sharma, J. - These are the bunch of six writ petitions, which entails a consideration of common question of fact and law, hence, they are being decided together. To be precise, the particulars involved in each of the writ petitions are being given in the form of a schedule of chart herein below:-

    Sr.No.

     

    Writ
    Petition

    Misc. Case

    Post

    Period

    33 C(2) Filed

    Amount
    Claimed

    1.

    1631 of
    2019

    20 of 2018

     

    Fitter 2

    02.11.2016
    to
    23.04.2017

     

    33 C(2) filed on
    22.03.2018

    Rs.87,387/-

    2.

    1695 of
    2019

    19 of 2018

    Fitter 2

    29.11.2015
    to
    17.04.2016

    33 C(2)

    Rs.66,006/-

    3.

    1696 of
    2019

    36 of 2015

     

    Secondary
    Fitter
    (Weighing)

    09.12.2014
    to
    11.04.2015

     

    Rs.63,175/-

    4.

     

    1760 of
    2019

     

    35 of 2015

     

    Held
    Weighment
    Clerk

     

    09.12.2014
    to
    11.04.2015

     

    33C(2)15.10.2015

     

    Rs.
    62,321/-

     

    5.

    1762 of
    2019

    22 of 2018

     

    Weighment
    Clerk

    29.11.2015
    to
    17.04.2016

    33 C(2)

    Rs.66,006/-

    6.

    1766 of
    2019


    21 of 2018

     

    Weighment
    Clerk

    02.11.2016
    till
    23.04.2017

    27.03.2018

    Rs.83,387/-

    2. Before venturing to answer the argument which had been extended by the learned counsel for the petitioner, this Court feels it to be apt to observe that the petitioners being aggrieved against the judgment of learned Single Judge, which was, rendered on 17.05.2019, as passed in Writ Petition No.134 of 2013, Writ Petition No.145 of 2013, Writ Petition No.155 of 2013 and Writ Petition No.189 of 2013, as having rendered infructuous and simultaneously by disposing of the Writ Petition No.362 of 2017, the appellant/petitioners had preferred the Special Appeal Nos.662 of 2019 and 660 of 2019. The aspect pertaining to dismissing the aforesaid four writ petitions by the aforesaid judgment of Single Judge dated 17.05.2019, as having rendered infructuous, was in the light of the observations, which was made by the learned Single Judge in terms of para 3 and 4 of the judgment, which is extracted hereunder:-

      "3. In the writ petitions pertaining to the year 2013 i.e. Writ Petition (M/S) No.134 of 2013, Writ Petition (M/S) No.145 of 2013, Writ Petition (M/S) No.155 of 2013 and Writ Petition (M/S) No.189 of 2013, the order dated 08.09.2012 passed by the State Government under Section 3(b) of the U.P. Industrial Disputes Act, 1947 increasing the wages of the workers of the sugar factory has been challenged. No order is being passed in these writ petitions. For all practical purposes these writ petitions have become infructuous. The reason being that during the pendency of these writ petitions, another order dated 29.12.2016 has been passed by the State Government under Section 3(b) of the U.P. Industrial Disputes Act, 1947, which is also under challenge.

        4. Consequently, Writ Petition (M/S) No.134 of 2013, Writ Petition (M/S) No.145 of 2013, Writ Petition (M/S) No.155 of 2013 and Writ Petition (M/S) No.189 of 2013 are dismissed as having been rendered infructuous."

        3. Ultimately, on the basis of the finding, which was recorded by the learned Single Judge, the Special Appeal was preferred by the petitioner being Special Appeal No.662 of 2019, which was also dismissed by the Division Bench, by the judgment of 04.01.2021. Hence, as far as the challenge given therein to the decision taken by the Wage Board for revision of the wages payable to the workman to the Order of 08.09.2012 by State U/s 3(a) of U.P. Industrial Disputes Act, has been laid to rest qua the petitioners, who were the appellants in the Special Appeals referred above.

        4. The brief facts, which now engages consideration in each of the writ petition, are that the petitioner admittedly, is an Industry as defined under Section 2(K) o

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