HARYANA STATE THROUGH GENERAL MANAGER, HARYANA ROADWAYS, HISAR Vs. THE PRESIDING OFFICER, LABOUR COURT, HISAR

JUDGEMENT

(1.) This order shall dispose of six writ petitions i.e. Civil Writ Petitions No.12543, 18375, 18376, 18377, 18378 and 18379 of 1994 as common questions of facts and law are involved in all these writ petitions. However, for dictating judgment, the facts have been taken from Civil Writ Petition no.18375 of 1994 in which service is complete.

(2.) The State has challenged the order dated 11.7.1994 (Annexure P/1) passed by the Labour Court, Hisar wherein applications filed under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") by the respondents-workmen were allowed and they were held entitled to the payment of ex-gratia at the rate paid to other employees for the years 1986-87 to 1989-90. The said amount was to be paid within a period of three months from the date of order and interest was to be paid at the rate of 12% per annum from the date of order upto the date of actual payment in case the amount was not paid within the specified period.

(3.) A perusal of the order of the Labour Court would go on to show that the claim of the workmen was that they were daily paid employees and the management was paying bonus to all its regular employees and the said benefit had been denied to them on the ground that they were not entitled to bonus for initial three years' service. Accordingly, they claimed that they were entitled to bonus from the date of their appointments and the amount mentioned in the applications be determined in order to be paid to them.