CHENAB TEXTILE MILLS Vs. ABHIMANIU

JUDGEMENT

(1.) PETITIONER -Company has filed this writ petition calling in question Industrial Tribunal/Labour Court, Jammu and Kashmir, Jammus Award of May 21, 2002, awarding an amount of Rs. 17,332.00, as subsistence allowance, to Mr. Abhimaniu respondent no. 1.

(2.) MR . Amur Kotwal, learned counsel appearing on behalf of the Company, relying on clause 28(C) (5) of Certified Standing Orders of the Company, questions respondent No.1s right to receive subsistence allowance during the course of enquiry pursuant whereto he was dismissed. Learned counsel additionally submits that the dispute as to the entitlement or otherwise of subsistence allowance was not cognizable by the Labour Court under Section 33 -C (2) of the Industrial Disputes Act, 1947. He relies on Municipal Corporation of Delhi v. Ganesh Razak and another, reported as (1995) 1 SCC 235, to support his submissions.

(3.) MRS . Surinder Kour, learned counsel appearing on behalf of the employee, on the other hand, submits that the Certified Standing orders had no application to the facts of the case and that the right accrued to respondent No.1 to receive subsistence allowance during the course of the enquiry, being a statutory right under the Industrial Employment (Standing Orders) Act, 1946 cannot be denied to the respondent. Asserting that the Labour Court had the jurisdiction to decide the question raised before it, learned counsel supports the award saying that it does not suffer from any error of law or jurisdiction.