HAZARIBAGH MINES BOARD Vs. AJAY KUMAR

JUDGEMENT

(1.) Aggrieved by order dated 13.10.2010 in M. J. Case No. 01 of 2009 passed by the Presiding Officer, Labour Court, Hazaribagh, the petitionerMines Board has approached this Court by filing the present writ petition.

(2.) One Ajay Kumar and 29 other persons claiming themselves to be workmen of Mines Board, Hazaribagh, filed M.J. Case No. 01 of 2009 in the Labour Court seeking a direction to the opposite partyMines Board for payment of wages with 18 % interest per annum. The workmen claimed that they were appointed on temporary basis as daily wage workers and their services were regularised on 27.08.2008 by the Mines Board. Since the applicants were not paid wages for the period October, 1996 to December, 2004 and January, 2007 to December, 2008 they filed application under Section 33C (2) of the Industrial Disputes Act stating that their claim is well recognised and admitted by the Mines Board.

(3.) A showcause reply on behalf of opposite party nos. 1 to 4 was filed denying the claim of the applicants however, it was admitted that the applicants were working as casual labourer on temporary basis and their service was regularised on 27.08.2008. It is stated that the payment of wages to daily wage employees or whose services have been regularised was withheld on account of audit objection. A plea of financial difficulty of the Mines Board was also taken in the showcause.