KHADI GRAMUDYOG BHAWAN Vs. BHIM SINGH BAJELI

JUDGEMENT

(1.) THE management of Khadi Gramudyog Bhawan, in this writ petition seeks to challenge an order dated 10. 05. 2006 passed by CGIT, New Delhi awarding an amount of Rs. 58,889/- in favour of respondent workman under Section 33-C (2 ). This amount has been awarded to the workman on account of difference of salary for the period from January 1987 to July 1997 in terms of award dated 29. 10. 1986 passed by the Industrial Adjudicator in I. D. No. 169/1983 as modified vide order dated 24. 02. 1987.

(2.) VIDE industrial award dated 29. 10. 1986 as modified vide order dated 24. 02. 1987, the respondent workman was held entitled to grade of Rs. 100-150 w. e. f. 15. 12. 1962; grade of Rs. 125-255 w. e. f. 01. 10. 1963 and grade of Rs. 330-560 w. e. f. 01. 01. 1973. Consequent upon award of these grades in favour of the respondent workman, there was dispute between the parties regarding computation of arrears due and drawn by the workman. The respondent workman was paid an amount of Rs. 62,633/- on account of arrears (Rs. 60,980/- vide cheque dated 28. 06. 1997 and the second Rs. 1,653/- vide cheque dated 28. 08. 1997) of difference of salary for the period from January 1987 to July 1997. This amount was received by the workman under protest as is so mentioned in the receipts executed by him which are at pages 92-93 of the Paper Book. Since according to the respondent workman some more amount was payable to him on account of arrears for the period from January 1987 to July 1997, he filed a Legal Claim Application being L. C. A. No. 65/1997 under Section 33-C (2) before the CGIT and had claimed an amount of Rs. 28,930. 35/- more as arrears of salary due to him. The respondent workman along with his L. C. A. No. 65/1997 had filed a chart of computation to show how the amount of Rs. 28,930. 35/- more was due to him on account of arrears of salary for the period from January 1987 to July 1997 and that chart is at page 53 of the Paper Book.

(3.) MR. Jagat Arora, learned counsel appearing on behalf of the petitioner, has argued that the Court below has overlooked the own claim of the respondent workman in which he has made only a claim of Rs. 28,930. 35/- more on account of arrears of the difference of salary for the period from January 1987 to July 1997 and has awarded an amount of Rs. 58,889/- in his favour without their being any material to support the said amount.