LAWS(DLH)-2006-9-63

NEW INDIA ASSURANCE CO LTD Vs. NARENDER KUMAR

Decided On September 13, 2006
NEW INDIA ASSURANCE CO.LTD. Appellant
V/S
NARENDER KUMAR Respondents

JUDGEMENT

(1.) This letters patent appeal is directed against the impugned judgment dated 3.9.2005 passed by learned Single Judge in CM No. 16042 of 2005 in Writ Petition (C) No. 6293 of 2001. By the impugned order the learned Single Judge varied an earlier order dated 10.5.2002 and directed that the Respondent workman shall be paid wages at the minimum wage rate notified by the Statutory Authority from time to time with effect from the date of the award.

(2.) The brief facts leading to the filing of the present appeal are that the Respondent workman was appointed as an Assistant (Clerical) on daily wage basis with effect from 12.8.1985. He claimed that he was continued till 16.5.1996 with artificial breaks and had completed more than 240 days of service. By its award dated 21.8.2001, the Labour Court held that the termination of the services of Respondent workman was illegal and directed that he would be entitled to be continued in service with full back wages.

(3.) Aggrieved by the award dated 21.8.2001, the appellant filed Writ Petition (Civil) No.6293 of 2001 in this Court. On 18.12.2001 Rule was issued and the operation of the award was stayed subject to the condition that the appellant would deposit in the Court a sum of Rs 1,70,000/- within two weeks. It was made clear that "however, this shall not affect the Court's jurisdiction to pass appropriate orders under Section 17 B of the Industrial Dispute Act if so invoked." An appeal preferred by the appellant against the said stay order, was dismissed on 28.1.2002 with the following observation: