STATE OF M.P. Vs. JAI KISHAN

JUDGEMENT

(1.) Order-Dated 11.12.2012 passed by the Labour Court, Bhopal is being assailed vide this petition under Article 227 of the Constitution of India.

(2.) By impugned order, an application under Section 33C(2) of the Industrial Disputes Act, 1947 filed by respondent-workman has been allowed and an amount of Rs.98,442/- in lieu of wages from January 2001 to June 2006 (54 months) @ Rs.1823/- has been directed to be paid.

(3.) Premature determination of service with effect from 31.12.2001 led respondent-workman to raise an industrial dispute; referred to for adjudication vide Case No.201/02 I.D. Reference. The reference was answered in favour of the workman by Award dated 27.2.2006, directing the petitioner-employer to treat the workman in service till he completed 60 years. And further directed that the workman shall be entitled for the wages from January 2001 till he is reinstated. The Award attained finality as it was not challenged in higher forum. Respondent-workman reported on duty on 8.3.2006 but was given the joining on 30.10.2007. However, he was not paid the wages from January, 2001 to June 2006 which led him to file application under Section 33C(2) of 1947 Act.