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U.P. Power Corporation Ltd., Through Its Executive Engineer v. Presiding Officer, Labour Court, U.P. Saharanpur & Others - WRIT - C No. - 30257 of 2007 [2007] RD-AH 16577 (10 October 2007)

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Hon'ble Ashok Bhushan, J.

Heard Sri Ranjit Saxena counsel for the petitioner and Sri Shyam Narain appearing for the respondents No. 2 to 6.

The petitioner has made an application praying for stay of the recovery proceedings. The order dated 23.7.2007 of the Deputy Labour Commissioner has been brought on record by which order the recovery has been directed from the petitioner. Learned counsel for the petitioner submits that the reference was made in the year 2000 with regard to entitlement of pay scale of Collie from 1.1.1979. The impugned award dated 11.9.2006 published on 13.12.2006 has been given by giving benefit from 1.1.1979 and the payments were directed to be made with effect from 8.10.1993. Learned counsel for the petitioner submits that the award itself is erroneous. The reference has been made after twenty years and the petitioner cannot be saddled with the recovery of such huge amount. Sri Shyam Narain appearing for the respondents submits that the respondents were being paid only Rs. 6/- daily which fact has been noticed in the award itself and payment has not been directed from 1.1.1979. From perusal of the award it appears that the labour court has not directed the payment in the pay scale of collie rather the payment has been directed to be made equivalent to the daily wages which are admissible to the Collie. The submission of the petitioner's counsel that in fact they have been directed to pay according to the regular pay scale is not correct.

In view of above, ends of justice be served in directing that the recovery in pursuance of the award, which according to the petitioner has been computed on the basis of regular pay scale, cannot be allowed. As an interim measure, however, it is directed that the respondents be paid the daily wages of Collie with effect from the date of the award. Subject to making aforesaid payment to the respondents from the date of the award within one month from today by the petitioner and continuing the payment of the emolument of daily wage basis of Collie, the recovery in pursuance of the impugned award shall remain stayed.

List on 19th of November, 2007.




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