OYSTER MARINE INC Vs. CHANDRAKANT R UGALE

JUDGEMENT

(1.) BOTH these writ petitions are being disposed of by this common judgment as they arise out of the impugned Order dated december 30, 1998, passed by the Labour court, Mumbai. Parties as well as learned counsel appearing in both the petitions and issues involved therein are the same.

(2.) BOTH the writ petitions are aimed against the Order dated December 30, 1998 passed by the Presiding Officer, Labour Court, Mumbai, whereby Application (IDA) No. 239 of 1995 filed by the respondent in,writ Petition No. 493 of 1999 and petitioner in Writ Petition No. 777 of 1999, was partly allowed. By the said application under Section 33-C (2) of the industrial Disputes Act, 1947 (hereinafter called as the said Act), the claimant-worker had claimed total dues of Rs. 22,475/- under five heads viz. , one month's salary in lieu of notice, retrenchment compensation, bonus for the year 1993-94, bonus for the year 1994-95 and leave encashment for 60 days. The Labour Court granted the claim under the first two counts and rejected the claim under the last three counts. Writ Petition No. 493 of 1999 is filed by the petitioner- company against the grant of the said first two counts, whereas the employee has filed Writ Petition No. 777 of 1999 against the rejection of his latter three claims.

(3.) I have heard the learned counsel for both the sides. Perused the record along with the documents annexed to the petitions and affidavits-in-reply.