NAVA BHARAT PRESS Vs. GHANSHYAM

JUDGEMENT

(1.) THE petitioner employer has challenged the order dated February 18, 1992 passed by the Third Labour Court, Nagpur partly allowing respondent-employee's application under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), holding him entitled to claim Rs. 2,76,390. 18 p. from the petitioner with 12% p. a. interest on the amount of Rs. 2,57,287. 48 p. w. e. f. April 21, 1989 till payment of the amount.

(2.) THE petitioner is a partnership firm having its place of business at Nagpur and it prints and publishes a daily newspaper "nava-Bharat" from Nagpur. The respondent was one of the employees of the petitioner having been appointed on December 4, 1951 as Sub-Editor. In a dispute relating to categorisation of employees, however, it has been held that the respondent was a Chief Sub- Editor. The respondent, alongwith other working journalists employed with the petitioner, had raised an industrial dispute for not (sic) being given the category and wages of Chief Sub-Editor from the date of the respondent's appointment as he was carrying out the duties of Chief Sub-Editor. The Industrial Tribunal, as per its Award dated January 3, 1977 had made an award that the respondent should be given a category and wages of Chief Sub- Editor from the date of his appointment. This award was challenged by the petitioner in Writ Petition No. 884 of 1977 before this Court. This writ petition was dismissed by this Court by its judgment dated April 21, 1989 with little modification in the order of the Industrial Tribunal, in that, the respondent's claim for wages of Chief Sub-Editor from the date of his appointment as allowed by the Industrial Tribunal was held to be unjustified and it was held that the respondent was entitled to the wages of Chief Sub- Editor only from May 29, 1959. This judgment of the High Court undisputedly has become final and binding upon the parties.

(3.) WHILE the respondent was working as Chief Sub-Editor, on November 1, 1971 a charge-sheet was served upon him alleging some misconduct on his part. Pending inquiry the respondent was suspended by order dated June 6, 1972. Industrial dispute was raised by the respondent relating to the validity of his suspension and the same came to the referred to the Third Labour Court, Nagpur for adjudication. The text of the dispute referred to was as follows: