ANSAL PROPERTIES & INDUSTRIES LTD Vs. NEELAM BHUTANI

JUDGEMENT

(1.) The petitioner- M/s Ansal Properties & Industries Limited vide the present Writ Petition (Civil) No. 4149/15 has assailed the order of the Labour Court of the POLC-XI, Karkardooma Courts, Delhi dated 18.12.2014 in Labour Court Application (LCA) 39/14 whereby the prayer made by the respondent/ work woman Ms. Neelam Bhutani under Section 33C(2) of the Industrial Disputes Act, 1947 for compliance of the award dated 22.01.2010 in LIR No. 762/06 (Old ID No. 220/02) as passed by the Labour Court XIX, Karkardooma Courts, Delhi whereby the management i.e., the petitioner herein through its Managing Director/ Chairman was directed to reinstate the work woman back on duty along with full back wages and continuity of services within a period of 30 days from the date of publication of the award failing which it had been directed by the Labour Court XIX, Karkardooma Courts Delhi vide order dated 22.01.2010 that the Management would be liable to pay the interest at the rate of 12 per cent per annum till the actual payment; - was allowed to the extent that the work woman was held entitled to increment of 10 per cent for every year in her total salary, taking her basic salary to be Rs. 10,850/- as mentioned in Ex.WW1/M1 i.e. basic Rs. 7,350/-; HRA Rs. 2,300/-; conveyance allowance Rs. 1,200/- and medical one month basic salary per annum and LTC to its one month basic salary per annum as part back wages and was further held entitled to interest at the rate of 12 per cent per annum in terms of award Ex.WW1/M1 from the date 16.06.2010 till the date of actual payment of Rs. 9,73,310/- inasmuch as the management had been directed to comply with the award Ex.WW1/M1 within a period of 30 days from the publication thereof which had not been so complied with by the Management and apart from the same the Management was also directed to pay a sum of Rs. 20,000/- to the workmen towards the cost of litigation in terms of Section 11(7) of the Industrial Disputes Act, 1947.

(2.) The respondent to the present petition through her application under Section 33C(2) of the Industrial Disputes Act, 1947 read with Section 151 of the CPC sought the computation of the amount and the benefits arising out of the award dated 22.01.2010 submitting to the effect that though the employer had reinstated its services on 07.07.2010 after withdrawal of the Writ Petition filed before this Court which was withdrawn on 06.07.2010, the back wages and other benefits were also not given since long time and the award had not been complied with. The respondent had further through the said application under Section 33C(2) of the Industrial Disputes Act, 1947 submitted that against the due computation and demand of the deponent for an amount of Rs. 28,53,254/- as per award dated 22.01.2010, the employer had paid Rs. 8,94,856/- only, vide a cheque bearing no. 343161 dated 30.07.2010. The respondent had further submitted through the said application under Section 33C(2) of the Industrial Disputes Act, 1947 that she had filed an application dated 21.07.2010 under Section 33C(1) before the Deputy Labour Commissioner claiming the said amount enclosing the desired documents and a sheet of computation of the amount as per the award dated 22.01.2010 claiming an amount of Rs. 28,53,254/-.

(3.) Vide the impugned order dated 18.12.2014 in LCA No. 39/14, POLC-XI KKD Courts Delhi, the Court had framed issues on 23.08.2011 to the effect:-