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Smt. Kamla v. Labour Court - WRIT - C No. 27902 of 1993 [2006] RD-AH 6588 (24 March 2006)


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Court no. 31

Civil Misc. Writ Petition No. 27902 of 1993

Smt. Kamla versus The Labour Court and another


Hon'ble Bharati Sapru, J.

This petition has been filed by a workman against an award of the Labour Court dated 30.11.1992 passed in adjudication case no. 271 of 1988, by which the petitioner workman was granted reinstatement but was denied back wages for reasons that one teacher gave evidence that she had seen the workman working in T.T. Convent. The person who gave evidence had also stated on oath that the workman had worked only for 4 months from July, 1992 to Oct., 1992 in T.T. Covent and not beyond that.

On the other hand, the workman, while giving evidence, stated on oath that she was without a job after the termination by the employer. She clearly stated that she had temporary engagement with Home Guards who called her to work about four days in a month and not more than that. For such engagement, the petitioner used to receive Rs.2/- per day for her temporary engagement. Besides this, she had no other duty. It cannot be said that any temporary engagement like the present one, which was confined to four days in a month, can be termed as regular employment so as to come to the conclusion by the Labour Court that the workman was fully gainfully employed. The workman on her part has fully established the fact that she was out of employment after her termination. As the workman established this fact, the Labour Court ought not to have denied her back wages.

In view of the facts as stated above, I am of the opinion that it would be in the interest of justice to modify the impugned award to the extent that the workman concerned shall be paid 50% of the back wages which had become due and admissible to her.

Learned counsel for the respondent states that subsequently some amount had been disbursed to her. This fact is denied by the learned counsel for the petitioner but in case any, any amount towards the back wages pursuant to the impugned award had been paid to the workman concerned, the same would be adjusted against 50% of the back wages, which is to be given to her. If the petitioner makes an application to the Deputy Labour Commissioner for deposit of 50% of the back wages in her favour, he will determine the amount became due and also investigate into the question as to in order to any amount, as claimed by the respondent, had actually been disbursed to her. This process may be completed within a period of six months.

The writ petition is allowed, as above, but there will be no order as to costs.

Dated 24.3.2006



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