THE DIVISIONAL PERSONNEL OFFICER Vs. SATISH CHANDRA

JUDGEMENT

(1.) THE learned Counsel for the petitioner by virtue of the present writ petition has challenged the award dated 7th April, 2005 passed by the learned Industrial Tribunal cum Labour Court -II in LCA No. 5/1999 titled Sh.Satish Chandra v. The General Manager, Northern Railway and Anr. By virtue of the aforesaid award, the learned Tribunal has allowed the application of the respondent/workman under Section 33 -C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'Act') and awarded a sum of Rs. 59,000/ - to the respondent /workman along with an interest @ 12% from 01.1.1999 to the date of payment apart from cost of Rs. 5,000/ -.

(2.) I have heard the learned Counsel for the petitioner and perused the record. Nobody has been appearing on behalf of the respondent. The contention of the learned Counsel for the petitioner is that the award passed by the Industrial Tribunal is perverse and against the fact on record. The learned Tribunal has calculated the amount under Section 33 -C(2) of the Act for two portions. The first portion pertains to the period 5.6.1998 to 17.7.1998 and the learned Tribunal has awarded a sum of Rs. 19,000/ - or so being the remaining 50% of the suspension allowances to be paid to the respondent /workman.

(3.) THE second component on which the money has been calculated and paid to the respondent /workman is for the period 24.8.1996 to 15.11.1996 apart from other short portions for a total length of three months and 19 days.