UNION OF INDIA Vs. FATAJI CHATURJI

JUDGEMENT

(1.) As common question of facts and law arise in all these petitions, they are disposed of by this common judgment.

(2.) These petitions are filed against the judgment and award passed by the Labour Court, Ahmedabad in Recovery Application Nos. 1 to 11 of 1989 on 05.06.1999, whereby the learned Labour Court has directed the petitioners herein to pay to the opponents herein the amount of difference of payment of salary not paid to them in the Recovery Applications preferred by the opponents herein.

(3.) It is the case of the petitioners that the opponents filed the Recovery Applications before the Labour Court on the ground that they were working on the basis of daily wages, but as they were working for a long time and as they were workers with temporary status, they are entitled to the new scale payment from 01.01.1975 to 01.01.1986 and as such they are entitled for the difference of the amount payable as per the new scale and the payment made. The petitioners resisted the claim on the ground that they are not having the temporary status as claimed and therefore without proving the status, the recovery applications are not maintainable and the Labour Court has no jurisdiction to determine the status for becoming eligible for the claim. The Labour Court, by award dated 05.06.1999, passed the award as stated above in the said Recovery Applications. Therefore, this petition is filed against the said award dated 05.06.1999.