MOHAN JUTE MILLS LTD Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) Challenge in this petition is to the order dated 05.07.1997 (Annexure P-1), passed by the Deputy Labour Commissioner, Chhattisgarh Region, Raipur, whereby, the petitioner is directed to pay a sum of Rs. 2,28,937.50 as a difference of pay to 535 workers on the ground that the lay off declared by the petitioner Mill between 10.06.1995 to 25.06.1995 was illegal.

(2.) The Labour Court was informed that in the petitioner Mill without information for want of non-complying of raw material (Jute) workers, there was lay off from 10.06.1995 to 25.06.1995 and, as such, the workers have suffered 50% loss of payment of wages and, as such, it amounts to violation of 25M of the Industrial Disputes Act, 1947 (for short the ID Act ) and punishable under Section 25Q of the ID Act.

(3.) The Labour Officer by communication dated 09.01.1997 (Annexure P-6) sent a communication with request to the Deputy Labour Commissioner, Chhattisgarh Region, Raipur, informing that the lay off period 10.06.1995 to 25.06.1995 declared by the petitioner Jute Mill was not legal and, as such, necessary steps be taken to ensure proper payment to the workers. Pursuant thereto, a show causenotice was issued on 27.01.1997 (Annexure P-7) to the Director (petitioner No.2) and General Manger of the petitioner Mill, asto why recovery to the tune of Rs. 2,28,937.59 towards loss of payment of 535 workers be not made from the petitioner Mill on the basis of decision taken by the Labour Court on 04.06.1996.