BALBIR SINGH Vs. NIKA RAM

JUDGEMENT

(1.) Petitioner has challenged award dated May 13, 2004, passed by Presiding Judge, H.P. Industrial Tribunal-cum-Labour Court, Shimla, in Case No. 39 of 1999. By means of impugned award, petitioner has been directed to pay the balance amount of wages amounting to Rs. 25,080/- with interest at the rate of 9% per annum, with costs assessed at Rs. 1,000/-.

(2.) Respondent No. 1 initiated Proceedings under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') against the petitioner. Case set up before the Labour Court was that he was engaged as a mason by the petitioner for placing chips, tiles and marble between October 21, 1997 to October 31, 1998 for 230 days. His daily wage was fixed at Rs. 160/- per day. Total wages for this period worked out was Rs. 36,800/-. A sum of Rs. 11,720/- was only paid, thus leaving the balance of Rs. 25,080/-. Since it was not paid, he filed the claim petition.

(3.) This claim of respondent No. 1 was contested and resisted by petitioner. It was specifically denied by him that respondent No. 1 worked for 230 days at the rate of Rs. 160/-per day and total amount payable for this period was Rs. 36,800/-. According to petitioner, respondent No. 1 was sometimes casually engaged in the year 1998 and his daily wage was Rs. 120/-. Entire amount stands paid to him from time to time. Claim of respondent No. 1 was denied as set out in his claim under (sic) Section 33-C(2) of the Act. Labour Court after putting the parties to trial, has passed the impugned award, supra.