WHIRLPOOL OF INDIA LTD. Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The present writ petition is directed against the order dated 4.9.2006 (Annexure P-5) passed by the learned Labour Court allowing the application of respondent-workman under Section 33-C(2) of the Industrial Disputes Act, 1947 ('I.D. Act' for short). The brief facts of the case are that respondent-workman was employed as Machinist with the petitioner-management. Certain allegations of misconduct were alleged against him. Domestic enquiry was conducted, wherein he was held guilty. Consequently, his services were terminated. The industrial dispute raised by him having been referred to the learned Labour court, the reference was decided in favour of the workman with continuity of service and full back wages, vide award dated 9.6.2000. Petitioner management challenged the award before this court by way of writ petition, which was dismissed and workman was reinstated in service on 23.3.2001. It is further pleaded case of the petitioner that an amount of Rs. 2,23,399/- was due as arrears of back wages in favour of the respondent-workman. After deducting the income tax, an amount of Rs. 1,60,253/- was paid to the respondent-workman by way of cheque.

(2.) However, not fully satisfied, respondent-workman moved an application under Section 33-C(2) of the I.D. Act, claiming an amount of Rs. 5,19,574/- vide Annexure P-1. Petitioner-management filed its written statement Annexure P-2, raising objections about the entitlement and method of calculation of the workman. Workman filed his replication. Both the parties led their respective evidence. After hearing both the parties and going through the record of the case, the learned Labour Court partly accepted the claim of respondent-workman holding the respondent-workman entitled to receive an amount of Rs. 3,75,670/-, vide impugned order dated 4.9.2006 (Annexure P-5). Hence, this writ petition at the hands of the petitioner-management.

(3.) While issuing notice of motion vide order dated 13.11.2006, a Division Bench of this court passed the following order:-