MANAGEMENT Vs. JOINT COMMISSIONER OF LABOUR

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties.

(2.) AT the threshold, it must be said that the learned counsel appearing for the management of CMC & Hospital/petitioner fairly submitted that irrespective of the decision in the present writ petitions, that is to say, whether the impugned order is interfered with or modified or confirmed, the petitioner is willing to pay the amount payable on the basis of the order of the appellate authority as Ex-gratia payment to the concerned workmen, but the management is interested to pursue the present writ petitions as a matter of principle on the question of law involved.

(3.) AGAINST such an order of the original authority under payment of Gratuity Act, appeals were filed both by the management as well as by individual workman, which came to be decided by the Joint Commissioner of labour -cum- appellate authority under the payment of Gratuity Act. The appellate authority confirmed the interpretation given by the original authority that the workmen were deemed to have been reinstated in service and accepted the contention raised in appeals of the individual workmen and observed that the calculation should be made on the basis of the Minimum Wages payable on 23. 3. 1994 and not on the basis of the salary which had actually been made, which was below the Minimum Wages payable. Such orders passed by the appellate authority had been challenged by the management in these batch of writ petitions.