ADMINISTRATOR KRISHI UPAJ MANDI SAMITI Vs. GAURI SHANKER

JUDGEMENT

(1.) THESE two revision petitions arise out of the judgment dated March 13, 1992 passed by the District Judge, Churu, by which the learned District Judge allowed the two appeals filed by workman Gauri Shanker and directed the employer (present petitioners) to make payment of Rs. 10,000/- to respondent Gauri Shanker for the period from July 1, 1981 to August 31, 1982 and Rs. 1000/-for the period from September 1, 1984 to December 18, 1984 and fix him in the regular pay scale admissible to the Class IV employee and after fixation, make the payment of the balance amount to Gauri Shanker within the period of three months. The learned District Judge further directed that if the payment is not made within the stipulated period then the workman will be entitled to interest @ 12% per annum on this amount. Since both the revision petitions arise out of the same judgment and raise the same controversy between the same parties, though for different period, they are, therefore, being disposed of by this common judgment.

(2.) THE facts, in brief, which led to the present litigation, are that respondent Gauri Shanker was appointed in the Office of the Krishi Upaj Mandi Samiti, Doongargarh (district Churu) on May 6, 1980 on daily wages basis at he wages of Rs. 240/-per month. His services were terminated on June 30, 1981. Shri Gauri Shanker challenged this order of termination of his services before the Labour Court. The Labour Court, while adjudicating the dispute, vide its judgment dated March 30, 1984 held that the action of the Administrator cum Secretary, Krishi Upaj Mandi Samiti, Doongargarh (district Churu) terminating the services of Gauri Shanker with effect from June 30, 1981 was illegal and void and deserves to be quashed and set-aside. While setting aside the termination order of Gauri Shanker, the Tribunal directed the respondents to reinstate the workman with full wages and to grant him the consequential benefits.

(3.) THE petitioner though filed a writ petition challenging the Award dated March 30, 1984 and, also, reinstated respondent Gauri Shanker on December 19, 1984; Shri Gauri Shanker, on September 18, 1984 moved an application under Section 15 (2) of the Payment of Wages Act (for short, 'the Act') before the Authority under the Payment of Wages Act, Bikaner for the payment of Wages relating to the period between July 1, 1981 to August 31, 1984. He, also, moved another application under Section 15 (2) of the Act before the same Authority on September 18, 1984 for the payment of wages relating to the period from September 1, 1984 to December 18, 1984. It was averred in these applications that the applicant has not been paid the wages in the regular pay scale of Rs. 350-5-430 and the non-applicants have, thus, illegally deducted the amount of Rs, 18,552/- (for the period from July 1, 1981 to August 31, 1984) and Rs. 2160/-for the period from September 1, 1984 to April 1, 1985, which should be paid to him along with the compensation.