LAWS(DLH)-2012-2-120

NATIONAL HANDICRAFTS & HANDLOOM MUSEUM Vs. ASHOK KUMAR

Decided On February 21, 2012
NATIONAL HANDICRAFTS AND HANDLOOM MUSEUM Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) THERE is a delay of 46 days in filing the appeal. Learned counsel for the Respondent has no objection if the same is condoned subject to payment of some costs. For the reasons stated in this application, prayer made therein is allowed and delay is condoned subject to payment of Rs.10,000/- as costs which shall be paid to the Respondent Nos. 1 to 3 equally. CM stands disposed of. Mr. Rajiv Aggarwal, learned counsel for the Respondents / Workmen submits that one of the workmen, namely, Mr. Mann Singh S/o Shri Lal Singh (Respondent No.4) is not interested in this litigation. In fact even the amount of Rs.1,76,000/- deposited by the Appellant in this Court has not been withdrawn by him and this amount can be refunded to the Appellant.

(2.) THE Respondents/Workmen were appointed on daily wage basis some time in the year 1988. When their services were terminated, they raised industrial dispute challenging the said termination. THE dispute was referred with the following terms of reference:

(3.) ON the other hand, we find that there are certain circumstances which weigh in favour of the Appellant as well. It is not in dispute that the Respondents/Workmen were engaged only on daily wage basis and the amount of daily wage at that time was Rs.33/- per day. It is also not in dispute that all these Workmen/Respondents hardly worked for a period of two years. The purported termination of their services was way back in the year 1990 and 22 years have passed in the process. Though, the Tribunal has ordered payment of wages at the same rate which was given to regular employees, the terms of reference did not include this aspect and to this extent the award of the learned Labour Court, ex facie, is not proper. ON the basis of pay scale given to regular employees, the backwages are calculated at Rs.14.5 lacs after adjusting the amount of Rs.1,76,000/- which is already paid. Although the Appellant did not challenge this aspect, however, while determining the question whether lump sum compensation is to be paid to the Workmen, we would like to keep this aspect in mind.