LAWS(P&H)-1995-2-185

MANAGEMENT OF NEW ALLENBERRY WORKS, FARIDABAD Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT, FARIDABAD

Decided On February 06, 1995
MANAGEMENT OF NEW ALLENBERRY WORKS, FARIDABAD Appellant
V/S
PRESIDING OFFICER, INDUSTRIAL TRIBUNAL -CUM- LABOUR COURT, FARIDABAD Respondents

JUDGEMENT

(1.) Both these appeals can be disposed of by this common judgment since they arise out of the Judgment dated 10th May, 1993, passed by the learned Single Judge, in Civil Writ Petition No. 3200 of 1982. Letters Patent Appeal No. 534 of 1993 is filed by the New Allenberry Works, Faridabad, whereas Letters Patent Appeal No. 646 of 1993 is filed by the Workman (the writ petitioner) challenging a part of the Judgment denying 50 per cent wages, Letter Patent Appeal No. 646 of 1993 is barred by limitation by 36 days and the appellant therein has filed Civil Miscellaneous Application No. 964 of 1993, for condonation of delay. For the purposes of this Judgment, we may refer to the facts set out in Letters Patent Appeal No. 534 of 1993.

(2.) New Allenberry Works is engaged in manufacturing engine parts. It has got its factory at Faridabad. The said New Allenberry Works is represented by the management as appellant (hereinafter referred to as the appellant). The third respondent Krishana Singh was a workman at whose instance reference was made to the industrial Court for adjudication of the dispute under the Industrial Disputes Act, (hereinafter called the Act). The learned Single Judge has succinctly set out the relevant facts in his judgment and it is not necessary to re-produce the same in detail. We may, however, briefly refer to a few facts which are germane to the decision by this Court.

(3.) Few admitted facts are as under.