SWADESHI COTTON MILLS Vs. LABOUR COURT 1

JUDGEMENT

(1.) The application No. 10613 filed on 5th May, 1987 is under consideration, which seeks stay of the order dated 9th April, 1987 of the Labour Court II, Kanpur in Misc. Case No. 98 of 1985.

(2.) The petition was filed on 23rd November, 1984 and was admitted on 1st January, 1985 when notices were issued on the stay application and ad interim order was not granted against the award dated 5th June 1984 in Adjudication Case No. 90 of 1983 Annexure 6 to the petition. The issue in the award was payment to be made to H.N. Mishra, Senior Clerk, upon findings in the award that he had worked as Incharge Price Control. The award gave the liberty to the employer to make a selection on this post and until it is made this workman was entitled to the emoluments and salary as on the post of Incharge Price Control.

(3.) As the benefits under the award did not accrue to the workman, he moved an application under Section 33C(2) of the Industrial Disputes Act, 1947. This was numbered as Misc. Case No. 97 of 1985. The Labour Court computed the benefits in terms of money and delivered its order on 9th April, 1987 that the workman was entitled to the amounts mentioned in this order. It is against this order of the Labour Court on the application of the workman under Section 33C(2) that this Miscellaneous Application No. 10613 was filed by the employer Swadeshi Cotton Mills, Kanpur that the order of the Labour Court dated 9th April, 1987 be stayed.