DAYA SHANKAR Vs. DEPUTY LABOUR COMMISSIONER AND ORS

JUDGEMENT

(1.) Consequent upon a reference made by the State Government, Adjudication Case No.30 of 2005 was decided by the Labour Court upon the reference as to whether the petitioner workman was entitled to difference of salary from 21.10.1992 to 14.6.1993 while he was under suspension, and thereafter his termination from 15th June, 1993 was valid or not. Upon contest the Labour Court answered the reference holding that the workman is entitled to difference of salary from 21.10.1992 to 14.6.1993, and is also entitled to reinstatement alongwith continuity of service. However, salary for the period 15.6.1993 till the date of award was denied. This award has been put to challenge at the instance of the employer, but the writ petition has been dismissed. Consequently, an application under Section 6-H(1) of the U.P. Industrial Disputes Act, 1947 has been filed by the petitioner for payment of the amount due under the award. The Deputy Labour Commissioner has observed that the claim raised by the petitioner workman is disputed, and there is some contradictions in the claim raised by the petitioner, and therefore, the application has been rejected by granting liberty to file a fresh claim.

(2.) Learned counsel for the petitioner submits that once the award had attained finality, its benefit was entitled to be granted to the workman in proceedings, as had been initiated, and its rejection is unsustainable. It is also contended that in case there was any contradiction or the claim was disputed, it was for the authority concerned to have determined the same and whatever dues were found to be payable, ought to have been decreed.

(3.) Learned counsel for the employer, on the other hand, submits that the claim under Section 6-H(1) was not maintainable, and the petitioner workman ought to have approached the Labour Court under Section 6-H(2). It is also contended that since liberty has been reserved to the workman to file a fresh application, as such even otherwise, no prejudice is caused.