PBM POLYTEX LTD Vs. DINESHKUMAR S VYAS

JUDGEMENT

(1.) THE present petition is filed against order dated 28th October, 2004 passed by Labour Court, Ahmedabad in Recovery Application No.3416 of 1989. By the said impugned order, Labour Court held the respondent herein to be entitled to recover Rs.67,540.98 P., and directed the petitioner herein to make the payment.

(2.) THE relevant facts may be stated before hand. The respondent was appointed under order dated 14th December, 1984 as Office Assistant at Ahmedabad Office. His appointment took effect from 01st January, 1985, and was on ad -hoc basis initially for a period of three months and on consolidated salary of Rs.700/ - per month. Thereafter his salary was hiked from time to time, and in the month of October, 1989, his consolidated salary became Rs.01,230/ - per month.

(3.) THE workman filed Recovery Application under Section 33 -C(2) before the Labour Court. Therein he had contended that he was workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 (hereinafter mentioned as 'the Act'); that he was conscientiously discharging his duties; his pay was increased by the employer therefore. He contended that however the employer was not granting benefit of settlement -cum -award. It was stated that a settlement was entered into between the petitioner Mills company and its workmen. He was entitled to benefits of payscale revision, dearness allowance, high cost allowance and other interim benefits under the said settlement but was not paid. In the statement produced at Annexure -A along with the Recovery Application he claimed the aforesaid amount as being payable to him.