HARYANA STATE FEDERATION OF CONSUMERS CO-OPERATIVE WHOLESALE STORES LTD Vs. PRESIDING OFFICER, LABOUR COURT, AMBALA (HARYANA) AND ANOTHER

JUDGEMENT

(1.) In the present writ petition, the challenge is to the order dated 09.04.1993 passed by the Labour Court, Ambala (Annexure P-7), vide which an application under Section 33-C (2) of the Industrial Disputes Act (hereinafter referred to as 'the Act') filed by the workman-respondent No. 2, claiming the benefit of arrears of wages for the period 18.04.1980 to 26.03.1983 after adjustment of the amount already paid by the petitioner-Management to the workman, has been allowed. Meaning thereby that he has been held entitled to release of Rs. 17050.95 paise. The Labour Court has further ordered the respondents to pay the aforesaid amount with interest @ 9% P.A. from the date of application i.e. 16.09.1987 till realization.

(2.) Counsel for the petitioner contends that application under Section 33-C(2) would be maintainable only where there are pre-existing rights. He contends that the order of suspension continued from 18.04.1980 to 26.03.1983. He contends that since the order of suspension was continuing all through, the workman was not entitled to the wages as has been granted to the workman. He, on this basis, contends that the impugned order cannot be sustained.

(3.) None has put in appearance on behalf of respondent No. 2-workman.