NEPC AIRLINES Vs. CAPTAIN YASHOO VIJAY PARMAR

JUDGEMENT

(1.) THE petitioners are aggrieved by the judgment and order passed by the Central Government Labour Court No. II, Mumbai on 30-7-1998 in Application No. LC-2/44 of 1997 filed by the applicant employee, who is respondent No. 1 before me in the above writ petition. The respondent employee filed an application under section 33-C (2) of the Industrial Disputes Act, 1947 claiming wages for January, February and March 1997 at the rate of 40,800/- basic per month and allowances at the rate of Rs. 1,63,200/- per month. He has also claimed retrenchment compensation under section 25-F of the Industrial Disputes Act and Gratuity, Provident Fund, Leave Encashment, Medical Reimbursement with 18% interest per annum on the due amount. He has based his claim on the letter dated 19-12-1995 whereby he informed that his salary was increased with effect from 1-1-1996 to the above extent. According to the respondent employee his services were discontinued abruptly with immediate effect by a letter dated 31-3-1997. The grievance of the respondent employee inter alia, is that under the service contract dated 10-1-1995 it was obligatory for the petitioner company to have given two months notice and since no such notice was given the petitioner became entitled to get two months wages in lieu of notice period.

(2.) THE petitioners filed their written statement to oppose the said application on various grounds including the one of maintainability of the application under the I. D. Act, as the respondent employee was not "a workman" within the meaning of section 2-s of the Act. The petitioners however have admitted that due to financial difficulties they could not pay the wages to the respondent employee for the months of February and March 1997 while he was paid a demand draft for the month of January 1997. The petitioners have denied their liability and the entitlement of the respondent employee to receive the said benefits. By way of rejoinder the respondent employee has given up the claim for the month of January 1997 as he received a demand draft for the whole amount after the two cheques for the said amount were bounced and dishonoured.

(3.) THE learned Labour Court Judge by his well reasoned order on the basis of the evidence and material on record and after considering the case law cited before him has held that the employee was entitled to get Rs. 4,08,000/- towards the wages for February and March 1997 with interest at the rate 6% p. a. The learned Judge has refused to grant any other reliefs.