MANGAT HOSPITAL Vs. PRESIDING OFFICER LABOUR COURT, JALANDHAR

JUDGEMENT

(1.) By this common judgment, Civil Writ Petitions bearing Nos. 3315 and 6183 of 1998 can conveniently be disposed of together. For the sake of convenience, facts are being taken from Civil Writ Petition No. 3315 of 1998.

(2.) The relevant facts are petitioner M/s Mangat Hospital, Civil Lines, Jalandhar City, is a privately managed hospital. Respondent No. 2 workman was employed with the petitioner as a nurse. She had made her claim under section 33-C(2) of the Industrial Disputes Act (for short "the Act") claiming certain benefits from 1.4.1975 till 31.3.1990. It included difference in wages. One Basir Sahotra was identically placed and was performing similar duties but was paid higher wages. She claimed money in lieu of national festival holidays at double the rate since she was working on these days and that she was entitled to four off days in a month but she was given holidays on alternative Sunday. The petitioner management had contested the claim and asserted that the claim of the workman was misconceived and not justiciable. It was also asserted that the claim was highly belated. On merits, it was denied that the respondent-workman was entitled to claim any of the amount.

(3.) The Labour Court vide order dated 26.8.1997 partly allowed the claim. The Labour Court disallowed the claim prior to January, 1987 as highly belated. Regarding other part of the claim that was partly allowed, it was directed that the management will pay Rs. 16306/- to the respondent-workman within four months. Aggrieved by the same, present writ petition has been filed by virtue of which the impugned award of the Labour Court has been assailed.