NIRMALA JOSHI Vs. LABOUR COURT DELHI

JUDGEMENT

(1.) This civil writ petition under Articles 22 6 and 227 of the Constitution of India is directed against the order dated the 5th of December, 1964 (copy Annexure 'D' to the petition) of the presiding Officer of the Labour Court,Delhi(respondentNo.lto the petition) directing the petitioner. Miss Nirmala Joshi, to pay to her ex-employee, Jai Gopal Kapur, (respondent No. (2) compensation amounting to Rs. 2, 638.00 in all, split up as follows :- <FRM>JUDGEMENT_270_DLT2_1966Html1.htm</FRM> Items Nos. (e) and (d) were awarded in view of the provisions of section 25-F of the Industrial Disputes Act, 1917 (Act 14 of 1947-hereafter referred to as the Act).

(2.) The facts as found by the Labour Court, and which the learned counsel for the petitioner has not for the purpose of this petition disputed befo me, are as follows :-

(3.) So far as item No. (a) is concerned, there is no dispute at all about it because Mr. Yogeshwar Dayal, learned counsel tor the petitioner; has conceded that for the period of duty performed by the respondent before the 21st of May, 1964, he was entitled to earned wages for 21 days. With regard to item No. (b) that is, wages in lieu of unavailed leave, Mr. Yogeshwar Dayal's contention was that the respondent was not entitled to such wages as a matter of right, but he declared that the employer was prepared to let him have, as a matter of grace, those wages in lieu of anvalied leave. So it is not necessary to enter upon this item also.