LAWS(ALL)-2011-8-130

UPSEV- KANPUR Vs. RAM NARAYAN

Decided On August 11, 2011
UTTAR PRADESHS.E.B., KANPUR Appellant
V/S
RAM NARAYAN Respondents

JUDGEMENT

(1.) Heard Ms. Deepti Singh, learned counsel for the petitioner and Ms. Sumati Rani Gupta, Advocate holding brief of Kumari Suman Sirohi for the respondent workman.

(2.) The respondent workman filed an application for computation of certain payments and the order was passed by the Labour Court on 24th January, 1994. Pursuant to the said order, the petitioner issued an office memorandum dated 27th May, 1994 extending the benefit of a payment of Rs. 1637/- only as computed by the Labour Court. Learned counsel for the petitioner submits that the respondent workman on the strength of the same proceeded to raise a further claim under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the 1947 Act') upon which an objection came to be filed by the petitioners, a copy whereof is annexure 4 to the writ petition.

(3.) A preliminary objection taken to the said proceedings was that the issue involved was not one of computation but of an Industrial Dispute as certain rights were being claimed with regard to the payment of pension on the strength of the earlier order dated 24th January, 1994.