RAJENDRA DEVA Vs. HARI FERTILIZERS SAHUPURI VARANASI

JUDGEMENT

(1.) We have heard Shri Rajendra Deva the petitioner-in-person and Shri Dinesh Dwivedi, learned Senior Counsel for the respondent.

(2.) In this writ petition the petitioner has prayed for sympathetic consideration of the question of law which was left open by this Court in the order dated 18-1-1996 in the Civil Appeals arising out of SLP (C) Nos. 14565-66/1995; for consideration of closure compensation under the definition of Payment of Wages Act, 1936 (for short 'the Act'); for order of payment of ten times compensation under Section 15(3) of the Act; for compensation against cost of the case Rs. 40,000/- for unnecessary delay and harassment in payment of gratuity.

(3.) From the papers available on record it appears that the industrial unit in which the petitioner was employed was closed on 4-1-1989. His service was terminated on 16-5-1989. The petitioner made a grievance of non-payment of his dues under different heads by the employer in the proceedings under Section 33-C(2) of the Industrial Disputes Act, under the Payment of Bonus Act, and Payment of Wages Act. The authorities under these statutes ordered payment of the amounts which were determined to be payable to the petitioner. It was not disputed before us that all the amounts as ordered by the statutory authorities have been received by the petitioner. In the order dated 18-1-1996 in the Civil Appeal arising out of S.L.P. (Civil) Nos. 14565-66/1995 this Court considered the claim of the petitioner for Rs. 3860/- as bonus for the years 1984, 1987 and 1988. The question raised before this Court was whether minimum bonus payable under Section 10 of the Payment of Bonus Act, 1965 falls within the ambit of the expression "wages" as defined in Section 2(vi) of the Payment of Wages Act, 1936. This Court took note of the fact that in the impugned judgment the Allahabad High Court had taken the view that minimum bonus was not covered by the definition in the said Act. This Court disposed of the appeals with the following observations :