SIDDHPURA ENGINEERING WORKS Vs. MUNIJAR TURAB PATHAN
LAWS(GJH)-2008-5-153
HIGH COURT OF GUJARAT
Decided on May 09,2008

SIDDHPURA ENGINEERING WORKS Appellant
VERSUS
MUNIJAR TURAB PATHAN Respondents

JUDGEMENT

- (1.) AS common question of law and facts arise in both these petitions and they are arising out of a common judgment and award passed by the learned Labour Court, Rajkot, they are being disposed of by this common judgment and order.
(2.) BY these petitions under Articles 226 and 227 of the Constitution of India, petitioner original opponent - employer, has prayed for an appropriate writ, order or direction, quashing and setting aside the common judgment and award passed by the learned Labour Court, Rajkot, dated 10th of May, 1999, passed in Recovery Application No. 421 of 1989 and Recovery Application No. 1215 of 1989, directing the petitioner to pay an amount of Rs. 7,260. 35ps, being the difference in the salary/pay of the respondent - workman.
(3.) THE respondent herein workman had filed Recovery Application Nos. 421 of 1989 and 1215 of 1989 before the Labour Court, Rajkot, under Section 33-C (2) of the Industrial Disputes Act, 1947, claiming difference in salary for the period between 01st of April, 1989 to 31st of October, 1989, by filing Recovery Application No. 1215 of 1989. The petitioner also claimed difference in salary for the period between 01st of October, 1984 to 31st of March, 1989, by filing Recovery Application No. 421 of 1989. It was the contention on behalf of the respondent workman that he was serving as Welder-cum-Grinder and he has not been paid the minimum wages considering his appointment as Welder and, therefore, he prayed for the difference in salary as per the Minimum Wages Act. Both the Recovery Applications were opposed by the petitioner - employer. It was specifically disputed that the respondent workman was appointed as Welder-cum-Grinder. It was also submitted that in absence of any pre-existing right in favour of the workman, the Recovery Applications filed under Section 33-C (2) of the Act, is not maintainable. In spite of above, the Labour Court, Rajkot, passed the impugned judgment and award dated 10th of May, 1999, allowed both the Applications by directing the petitioner to pay an amount of Rs. 7,260. 35ps, being the difference in salary. Being aggrieved and dissatisfied with the common judgment and award dated 10th of May, 1999, passed by the learned Labour Court, Rajkot, in Recovery Applications No. 421 of 1989 and 1215 of 1989, the petitioner herein has preferred the aforesaid Special Civil Applications under Articles 226 and 227 of the Constitution of India.;


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