INDURE PVT LTD Vs. STATE OF U P

JUDGEMENT

(1.) FIRST writ petition has been filed by the workmen through their Union - Engineering kamgaar Union against the employer M/s. Indure limited, Ghaziabad. The second writ has been filed by the same employer against their workmen through their Union - Engineering Kamgaar Union. The bone of contention between the parties is interpretation of Government Order dated 15-5-2000 issued by Labour Department-1, Government of uttar Pradesh under section 3 (b) of U. P. Industrial disputes Act fixing wages, for Engineering Industry/ engineering Units employing 50 or more workmen. In the said Government Order such industries which employ more than 50 workmen have been divided into two categories. First category consists of those Industries which employ more than 50 but less than 500 workmen and the second category is of those Industries which employ more than 500 workmen. The employer in these writ petitions falls within the first category as number of workmen employed by it is in between 50 and 500. The petitioners were heard on two or three dates. Learned counsel for the employer argued only one point and that was that prior to the date of the aforesaid government Order employer was already paying such total wages to each of its employees which were more than the total wages required to be paid by the aforesaid Government Order even though dearness allowance actually paid by it was less than the Variable Dearness Allowance (V. D. A.)required to be paid on basic wages by the aforesaid government Order. On 27-4-2007 when arguments were finally heard and judgment was reserved the statement of learned Counsel for the employer was specifically noted on the order sheet to the effect that he argued only the above point and he did not raise any argument regarding competence of the government to issue notification like the one in question under section 3 (b) of U. P. Industrial disputes Act. The said question alone therefore needs not be decided.

(2.) IN the Government order in question the employees are divided into three categories: (1) Skilled; (2) Semi-skilled; (3) Un-skilled. The employer in question also categorises its employees in the above three categories. Copy of gazette containing the aforesaid Government Order as well as its authorised English translation has been annexed alongwith rejoinder affidavit in the second writ petition. The said rejoinder affidavit has been filed by the Union. Under the said government Order it is provided that monthly basic minimum wages shall be Rs. 2,535 for un-skilled, rs. 2,785 for semi-skilled and Rs. 3,090 for skilled workers in the Industries employing 50 to 500 workmen. In clause 13 of the said Government Order it is provided that basic minimum wages as provided includes the Variable Dearness Allowance (V. D. A.)upto 426 points. In clause 14 it is provided that above 426 of consumer price index number the dearness shall be neutralized 100 percent and adjustment of dearness allowance shall be made twice a year on the basis given under the said clause. In the said clause an example is also given to the effect that if consumer price index number for july to December, 1999 is 428 (i. e. 2 more than 426) then dearness allowance should be 2 x 2535/ 426 = Rs. 11. 90. Clause 16 of the said Government order states as under:

(3.) IN the said chart it has also been mentioned that according to the Government Order Chand Kran in october 2004 was entitled to get only Rs. 3,671 (3090 as basic wages + 581 as V. D. A. ). According to the chart of the Union total emolument of Chand kran in accordance with the aforesaid Government order ought to have been