U.P. COOPERATIVE UNION LTD.(PCU),MEERUT & ANOTHER Vs. PRESIDING OFFICER, LABOUR COURT, U.P. SAHARANPUR & ANOTHER

JUDGEMENT

(1.) BOTH the writ petitions are directed against order dated 30.04.05 passed by Presiding Officer, Labour Court U.P. Saharanpur in favour of Dayaram Verma, respondent no.2 in each writ petition under Section 33-C(2) of Industrial Disputes Act. The cases were registered as Misc. case no.91 of 2004 and 92 of 2004. Through the first case it was pleaded that an amount of Rs.5630.40 was due against the petitioners as arrears of salary of respondent no.2 from 1.10.1988 to 3.12.1989 and from 01.04.1990 to 30.09.1990. Initially services of respondent no.2 were terminated on 10.04.1986, thereafter labour court set aside the termination order on 01.11.88 and gave the award of reinstatement with back wages in favour of respondent no.2. Thereafter writ petition was filed in this Court in which conditional stay order was granted directing the petitioner to reinstate the respondent no.2. Accordingly, respondent no.2 was reinstated on 8/30.11.1989 and, thereafter, he retired on 31.07.92.

(2.) THROUGH the other case i.e. Misc. case no.92 of 2004 it was stated that after reinstatement he was not paid proper pay scale, D.A., earned leave and bonus. Under these heads an amount of Rs.42584.30 were demanded. It was also stated that the petitioners wrongly reinstated respondent no.2 on the post of Co-operative Kamgar instead of Co-operative supervisor. Through the impugned order applications of the respondent no.2 were allowed.