MANIBEN VALABHAI Vs. FACTORY MANAGER, SHREE SHUBHALAXMI MILLS

JUDGEMENT

(1.) The petitioner woman was a workman in the respondent mill company and her services came to be terminated in May 1978. The matter was taken to the Labour Court and the Labour Court, while granting the application, directed the respondent to reinstate the petitioner in service with full backwages, by the judgment and order dated 29th May 1989. An appeal was preferred by the management against the award of the Labour Court before the Industrial Court which came to be dismissed.

(2.) As there was non-compliance of the order of the Labour Court, the workman has preferred this application for disobedience of the order of the Labour Court under the Contempt of Courts Act.

(3.) At the hearing of this matter, as directed by the Court, the respondent has placed on record the calculations of the amount payable to the petitioner workman. It shows that, according to the order of the Labour Court, an amount of Rs. 1,45,296.28ps. is payable to the workman which is inclusive of basic pay, dearness allowance, adhoc allowance, house rent, paid holiday, provident fund contributions, bonus and gratuity up to 31st December 1989, because after the award of the Labour Court, on 31-12-89 the petitioner had reached the age of superannuation. This amount of Rs. 1,45,296.28 ps. was payable in May 1989 when the Labour Court passed the order. The gratuity amount came payable on 31st December 1989. All these amounts had not been paid.