SHAHBEHRAM ARBESHIR KHONYAR Vs. ASIATIC TRAVEL SERVICE

JUDGEMENT

(1.) THIS petition under Article 227 arises from the order passed by the learned Labour Judge, seventh Labour Court, Bombay on October 30, 1985 in Application (IDA) No. 42 of 1985 filed under Section 33c (2) of the Industrial Disputes Act, 1947.

(2.) THE relevant facts giving rise to the petition are as under: the petitioner was employed in the office of the respondents No. 1 and 2 (hereinafter referred to as 'the respondents') as a Clerk in the year 1976. He was confirmed in that post on 27th december, 1978 on a monthly salary of Rs. 325/ -. He was granted increase in salary every year and on 1st January, 1984 he was drawing monthly salary of Rs. 900/ -. It is his case that the second respondent who is a partner of the first respondent asked him to work on part-time basis at a Beer Bar and Restaurant known as 'nushkil Qusha Beer Bar and Restaurant' from 6. 30 p. m. to 12. 00 mid-night including Sundays and holidays which offer he accepted but thereafter he realised that to work so was too strenuous for him and, therefore, showed his inability to continue with the part-time work upon which the second respondent got annoyed and terminated his services with effect from 2nd January, 1984. However, he was not offered his legal dues such as notice pay, retrenchment compensation, gratuity, leave salary, bonus, etc. He, therefore, raised a demand by his Advocate's notice dated 15th December, 1984 demanding Rs. 9,980/- as the amount due and payable to him. On behalf of respondents No. 1 and 2 a reply was issued on december 22, 1984 stating that the services of the petitioner were terminated by way of discharge simpliciter and that he was not entitled to dues as claimed but whatever was due to him was deposited with their legal advisor from whom the petitioner can receive the amount. According to the petitioner, he approached the legal advisor of respondents No. 1 and 2 who declined to pay him anything. The petitioner, therefore, filed an application before the Seventh labour Court, Bombay under Section 33-C (2) of the Industrial Disputes Act and claimed in all rs. 6,830/-, being notice pay Rs. 900/-, retrenchment compensation for 3 months Rs. 3, 150/-, leave salary for 60 days Rs. 1,800/-and bonus Rs. 980/ -.

(3.) THE claim of the petitioner was resisted by respondents No. 1 and 2 contending that the application under Section 33-C (2) of the Industrial Disputes Act was not maintainable as the petitioner had no existing right for the benefits claimed by him. They also contended that there was considerable delay in filing the application. According to them, the petitioner had worked with them from 1. 12. 1979 till 31. 1. 1984 and denied that he was given part-time work at a Beer bar and Restaurant. Further contention of respondents No. 1 and 2 was that the petitioner was indulging in the acts of indiscipline and therefore, his services were terminated as per Model standing Orders by way of disciplinary measure. They also raised a contention that the monthly salary of the petitioner was Rs. 760/- and not Rs. 900/ -. The claim for leave salary and bonus was also denied by them.