ARUN MILLS LIMITED Vs. CHANDRAPRASAD C TRVIEDI DR

JUDGEMENT

(1.) Both these petitions arise out of the judgment and order recorded by the Presiding Officer 3 Labour Court Ahmedabad in Recovery Application No. 289/67 which was filed under sec. 33C(2) of the Industrial Disputes Act 1947 (which is hereinafter referred to as the Act). The learned Judge of the Labour Court has allowed the claim of Dr. Chandraprasad C. Trivedi who is respondent in Spl. C. A. No. 395/71 and petitioner in Spl. C. A. No. 511/71 so far as the bonus amount is concerned but has disallowed his claim for Dearness Allowance with the result that both the parties before the learned Judge of the Labour Court have preferred these cross applications.

(2.) Short facts of the case are that Dr. Chandraprasad C. Trivedi who is hereinafter referred to as the claimant was in the part time employment of the Arun Mills Ltd. which is hereinafter referred to as the Mills and was drawing the basic pay of Rs. 175/per month and a fixed amount of Rs. 40/as Dearness Allowance. Facts of the case show that the services of the applicant were engaged as a physician in charge of the dispensary of the Mill for the first time on 6th December 1951 The claimant was expected to work at least for an hour in a day. He started with the basic pay of Rs. 26/per month but from the year 1955 the said basic pay was increased to the amount of Rs. 175/per month. It is an admitted fact that from the month of August 1955 he if also given dearness allowance at the rate of Rs. 40/per month.

(3.) The claimant now claims dearness allowance not at the rate of Rs. 40/per month but at usual rate which would be applicable to full time employees of the mill. He has thus claimed the dearness allowance which would be admissible to him from the year 1955. This claim is valued at Rs. 10200.00. His further claim is for bonus from the year 1958.