DATAMATION CONSULTANT PVT LTD Vs. LABOUR COURT

JUDGEMENT

(1.) The contention that is raised before us in this Appeal is that the workman at best could be said to be entitled to back wages till 1st June, 2005 and, therefore, Order dated 10th August, 2007 should be set aside. It is submitted by the learned counsel for the appellant that since 2nd June, 2005, the workman was employed and receiving wages and, therefore, there is no question of making payment on account of any arrears of wages to him after the said date.

(2.) On going through the documents on record, we find that on 3rd May, 2007, an order was passed by the learned Single Judge whereby the ex-parte Award of the Labour Court dated 19th February, 2005 was set aside on the condition that appellant deposits the back wages in the Labour Court. The said back wages were to be deposited in terms of the order of the learned Single Judge passed on 3rd May, 2007. The said Order has not been challenged and has become final.

(3.) As to whether or not the workman would be entitled to back wages with effect from 2nd June, 2005 and for the subsequent period would be a matter to be considered by the Labour Court on merits. The said deposit when it is made, shall be kept in a fixed deposit account till the matter is decided by the Labour court and shall be disbursed in terms of the Order that may be passed by the Labour Court.