PHILIPS INDIA LTD Vs. SANGITA BALKRISHNA

JUDGEMENT

(1.) THIS is a petition filed by the Philips India Limited impugning the legality of the order dated 25th August, 1995 passed by the Industrial Court, Bombay directing that the complaint -workman be paid subsisting allowance at the rate of 50% for the first 90 days, 75% after first 90 days upto 180 days and 100% thereafter.

(2.) THE complaint was filed under Item 9 of Schedule IV of the MRTU and PULP Act, 1971.

(3.) THE only controversy in this petition is to what rate the subsistence allowance should be paid to the workman. The learned Judge relying upon the provisions of the Model Standing Orders passed the impugned order. Shri Rele learned counsel for the petitioner-company contended that in view of the judgment of the Division Bench of this Court in the matter of May and Baker limited v. Shri Kishore Jaikishandas Icchaporia and Ors. reported in 1991 (II) CLR 176, the order of the Industrial Court is obviously erroneous.