JAMIA HAMDARD Vs. JOGINDER SINGH

JUDGEMENT

(1.) The present Application has been filed on behalf of the Respondent/Workman herein, under Sec. 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), read with Article 226 of the Constitution of India, seeking a direction to the Petitioner/Management to pay the Respondent/Workman minimum wages as per the law for each month during the pendency of the present Writ Petition. The Respondent/ Workman has sought the following reliefs in the present Application.

(2.) The Respondent/Workman, Joginder Singh, was appointed as a Safai Karamchari on 1/6/1990 in the Faculty of Pharmacy of Jamia Hamdard University and was later confirmed and promoted as Peon with effect from 1/6/1992. His last drawn wages were Rs.2,323.00per month. In October 1995, he proceeded on leave on account of illness and sought extensions up to 20/1/1996. Upon reporting for duty on 22/1/1996, he was allegedly not permitted to resume duties despite producing a medical certificate, and his services were subsequently terminated vide letter dtd. 30/10/1996 with effect from 26/4/1996. Aggrieved thereby, he raised an industrial dispute, which was referred by the Appropriate Government to the Labour Court. The Labour Court, vide Order dtd. 5/7/2011, held the domestic enquiry to be vitiated, and thereafter, by Award dtd. 7/2/2012, directed reinstatement with 50% back wages. The said Award has been challenged by the Petitioner/Management in the present Writ Petition, wherein the interim stay was granted on 17/9/2012, subject to the deposit of 50% back wages, and the interim order pertaining to stay of operation of the impugned Award was subsequently made absolute on 25/11/2013.

(3.) During the pendency of the present Writ Petition, the Respondent/Workman has moved the present Application under Sec. 17B of the Act, claiming payment of full wages to the Respondent/Workman during the pendency of the Writ Petition.