RAKESH KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present writ petition has been filed by Rakesh Kumari. She has assailed the order (Annexure P-5) dated 21st April, 2003 passed by the Labour Commissioner, Haryana, whereby he had refused to come to the rescue of the petitioner on the ground that calculation of back wages can only be dealt with under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as, the Act) and not under Section 33C (1) of the Act.

(2.) Briefly stated, the petitioner was an employee of respondent No.3 and she joined as a Helper on 2nd August, 1988. Her services were illegally terminated by her employer on 16th April, 1990. The dispute raised by the petitioner regarding the illegal termination of her services was referred by the State Government to the Labour Court, Gurgaon. The Labour Court vide its Award (Annexure P-1) dated 24th January, 2000 held the petitioner entitled to reinstatement with continuity in service and full back wages.

(3.) Mr. Ashwani Bakshi, Advocate appearing on behalf of the petitioner, has submitted that in pursuance of the Award (Annexure P-1), the petitioner-workmen joined service of respondent No.3 and her services were again terminated, which has been a subject matter of another reference made by the State Government on a demand notice issued by the petitioner-workmen. Mr. Bakshi has stated that so far as the calculation of back wages is concerned, it was a mere arithmetic calculation and the same could not be denied by the Labour Commissioner on the ground that it required computation and the petitioner-workmen should invoke Section 33C(2) of the Act. To controvert the reasoning adopted by the Labour Commissioner, Haryana in the impugned Order (Annexure P-5), counsel for the petitioner has drawn my attention to the observations made by a Constitutional Bench of Honble the Apex Court in case of Kays Construction Company (Private) Ltd. V. State of Uttar Pradesh and others 1965 II L.L.J. 429, wherein it was observed as under: