MOOL CHAND KHAIRATI RAM HOSPITAL Vs. GEORGE XAVIER

JUDGEMENT

(1.) The respondent before this Court was appointed as Lab Assistant with the appellant on 9.4.1983 and was promoted as Lab Technician with effect from 9.1.1985. Vide order dated 5.12.1985, the services of the respondent were terminated. Being aggrieved, the respondent raised an industrial disputes in this regard and the Labour Court, vide an award dated 26.5.1994, directed reinstatement of the respondent in service with continuity of service. W.P(C) No.2217/2000 was filed by the appellant, impuging the aforesaid award. Vide an interim order dated 22.1.2000, the learned Single Judge stayed the award subject to the appellant paying Rs.50,000/- to the respondent and depositing another sum of Rs.50,000/- in the Court. On an application filed by the respondent under Section 17B of the Industrial Disputes Act, the learned Single Judge vide order dated 11.7.2003 passed under Section 17B of the Act directing the payment of minimum wages to the respondent with effect from the date of the award.

(2.) CM 11544/2003 was then filed by the appellant informing the Court that vide letter dated 27.8.2003 it had, without prejudice to its rights and contentions in the writ petition, offered the job of Lab Technician to respondent workman on the prevailing minimum wages in the said category, but he had not accepted the offer. The learned Judge, without prejudice to the pleas of the parties, directed the respondent to join the service with effect from 1.11.2003.

(3.) CM 9204/2004 was then filed by the respondent stating therein that despite having joined the duties on 1.11.2003 and his working as Lab Technician, he was paid wages with effect from 1.11.2003 only @ Rs.2180/- per month and thereafter @ Rs.2823/- per month with effect from 1.4.2004. He sought the same pay which the appellant was paying to other Lab Technicians working in the organization.