CHENNAMANGALAM NAIR SAMAJAM Vs. SARADA

JUDGEMENT

(1.) The petitioner is a Charitable Society registered under the Travancore Charitable Societies Act. The Society started some commercial activities and is running chitties. First respondent was employed as Head Clerk under the petitioner. On 18-4-1988, she was suspended pending enquiry into certain irregularities alleged against her. A domestic enquiry was conducted in which she was found guilty of misconducts alleged. Accordingly, she was dismissed from service by order dated 3-10-1989.

(2.) Aggrieved by the order of dismissal she filed an appeal under the Kerala Shops and Commercial Establishments Act. The Appellate Authority constituted under the said Act allowed the appeal and directed the 1st respondent to be reinstated within 30 days of the receipt of the gist of the order. It was further ordered that if the first respondent was not reinstated within the stipulated time, she was entitled to Rs.22,689/- as compensation, notice pay and backwages together with interest at the rate of 9% per annum.

(3.) Thereafter, first respondent filed an application under S.33(C)(2) of the Industrial Disputes Act claiming the difference in salary on the ground that the statutory minimum wages payable to her was Rs.730/-, but she was paid only a sum of Rs.420/-She restricted her claim from 1-1-1988 on that count. Rs.930/- was claimed by her as arrears of wages. It is also averred that she was not paid salary for the month of April, 1988 and that she was suspended on 18-4-1988. The amount claimed on that count was Rs.450/-. A claim towards subsistence allowance payable under the Payment of Subsistence Allowance Payable Act for the period from 5-1-1989 to 3-10-1989 was also made. According to the petitioner, she is entitled to Rs.7,300/- as subsistence allowance. Another item of claim was bonus. It was averred that the rest of staff was paid bonus for the period 1987-88, equivalent to 45 days' salary and that therefore she was entitled to Rs.1,095/- as bonus. Ext. P1 is the said application.