K RAMASESHU Vs. LABOUR COURT GUNTUR

JUDGEMENT

(1.) The petitioner challenges the order dated 16-8-1996 passed by the Labour Court, Guntur, in M.P.No.86 of 1991, filed by the deceased, 2nd respondent. The 2nd respondent filed an application before the Labour Court, Guntur, underSection 33-C (2) of the Industrial Disputes Act, 1947 (forshort the 'I.D. Act'). He pleaded that initially he was engaged as Newspaper Distribution Worker, by the father of the writ petitioner, and thereafter, underthe petitioner, for about 60 years. He submitted that in July 1991, he has fallen ill and could not discharge his duties from 15-07-1991 onwards. He is said to have reported to duty, to the petitioner, on 30-07-1991.

(2.) The 2nd respondent claimed that he was unlawfully retrenched from service without paying any compensation. He claimed a sum Rs.13,800/- on that account. Same amount was claimed towards gratuity for the entire period of his service. A sum of Rs. 19.600/- was claimed towards salary for Sundays and other holidays. The 2nd respondent died while the M.P.No.86 of 1991 was pending, and respondents 3 to 11 herein were brought on record as legal representatives.

(3.) The petitioner resisted the claim, and pleaded thatthough the 2nd respondent worked under his father, when the agency of Newspaper Distribution, was with them, he ceased to be the employee with them, with the closureof distributorship. Objection was raised as to the maintainability of the M.P.No.86 of 1991. A plea was taken to the effect that, even where any dues of gratuity exist, they cannot be recovered, in proceedings under Section 33-C (2). Through the impugned order, the LabourCourt allowed the claim for payment of retrenchment compensation and gratuity, amounting to Rs 27,600/- It rejected the claim of Rs. 19,600/-, towards the salary forSundays and other holidays.