HINDALCO INDUSTRIES LTD Vs. SUMAN LATA TUTEJA

JUDGEMENT

(1.) -The respondent/workman by this application has sought enhancement of the wages which have been directed to paid to her under Section 17B of the Industrial Disputes Act. It has been submitted by the respondent that by the order dated 30th July, 2001 which was passed on her application under Section 17B of the Industrial Disputes Act, this Court had placed reliance on the pronouncement of the Supreme Court reported at I (1998) SLT 161=1999 IISCC 106, Delta Bank v. Kirtikumar to hold that the workman was entitled to wages last drawn which was Rs. 1525/- per month from the date of the award until further orders. There is no dispute that the workman has been paid wages in compliance of the orders passed and that she is receiving month by month wages on the same basis.

(2.) It has been contended that since the passing of the order, several pronouncements of the Apex Court and of this Court have held that the interim wages to which a workman would be entitled would be at the rate of minimum wages which are notified by the statutory authorities from time-to-time. The applicant averred that she is under treatment for cancer and is in dire need of money on this account. The delay in filing the application has been explained by the stress, strain and tension from the disease and her dix financial straits. The workman has sought a direction to the respondent to make payment of a sum of Rs. 1,15,669/- till December, 2004 based on the minimum wages which have been notified by the authorities from time-to-time after adjustment of the amount which she has received and a direction to the respondent to make payment of the wages at the rate notified by the statutory authorities thereafter as per the notifications issued from time-to-time.

(3.) The respondent has vehemently opposed this application primarily on the ground that the application of the workman stands duly considered and that on applicability of principles of resjudicata, this application is not maintainable. It is also contended that Section 17B grant of only wages which are at the rate of wages which were last drawn by the workman at the time of termination of the service and nothing beyond the same is permissible or admissible.