HINDUSTAN COPPER LTD Vs. CHANDRA PAL SHARMA

JUDGEMENT

(1.) THIS is an application for modification of the order dated 31. 1. 2003 by which it was ordered that the applicant shall be paid 50% of the back-wages, pension and other retiral benefits at the earliest but not later than a period of three months. In compliance of this order, the applicant was paid the entire back-wages to the extent of 50% but he filed a petitioner for contempt stating therein that he should be held entitled to house-rent allowance as also gratuity. THIS claim was made by the applicant although he was out of service on account of an order of dismissal for a period of more than 20 years and finally he succeeded before the Labour Court where the order of his termination was set aside and it was ordered that he would be paid entire back-wages and all retiral benefits.

(2.) THE respondent-Management of Hindustan Copper Ltd. filed a writ petition before the learned Single Judge, which was rejected and an appeal was preferred against the same by the Hindustan Copper Ltd. THE appeal of the Management of the Hindustan Copper Ltd. was partly allowed as it was ordered that only 50% of the back-wages shall be payable along with pensionary and retiral benefits.

(3.) WE prefer to reiterate that an application for modification cannot be entertained as if it were an appeal against the final judgment and order passed by the Division Bench earlier. WE may hasten to add that if the applicant was anxious to insist on the relief sought, he should have argued this point with emphasis when the appeal was decided by the Labour Court or before the Division Bench when his appeal was decided on merit. The Labour Court had merely granted back-wages to him which were reduced to 50% by the Division Bench. Wages having been paid, it is not open for the applicant to contend that he should have been granted further relief of house rent allowance by filing an application for modification. The ambit and scope of application for modification is limited and hence it cannot been entertained in the nature of an appeal.