BHARAT ELECTRONICS LTD Vs. LABOUR COURT GAZIABAD

JUDGEMENT

(1.) Heard learned counsel for the parties. Respondents 3 and 4 Indrajeet Singh Pal and J.K. Dey Sarkar were two of the employees of the petitioner. Both were suspended pending inquiry on February 23, 1981. Ultimately against both the contesting respondents punishment orders were passed. Against respondent No. 3, Indrajeet Singh Pal, punishment order was passed on September 29, 1981. The punishment was of reduction of pay by five stages with immediate effect punishment order against J.K. Dey Sarkar was passed on October 3, 1981. The punishment was reduction of pay by three stages.

(2.) During suspension period, the contesting respondents were paid subsistence allowance. After punishment orders, a dispute arose in respect of payment of balance amount for the suspension period. The matter was referred by the State Government to the Labour Court. The reference was to the effect as to whether non-payment of the balance amount for the suspension period from February 23, 1981 to August 27, 1981 in the case of Indrajeet Singh Pal and from February 23, 1981 to September 24, 1981 in the case of J.K. Dey Sarkar was valid or not.

(3.) The matter was registered before the Presiding Officer, Labour Court, U.P. Ghaziabad as Adjudication Case No. 127/1983. The Labour Court held that the con-testing respondents were entitled to the balance salary for the suspension period. The said order is challenged through this writ petition by the employer.