WORKMEN EMPLOYED UNDER IT SHRAMIK SENA Vs. RAPTAKOS BRETT AND CO LTD
LAWS(SC)-2008-2-153
SUPREME COURT OF INDIA
Decided on February 25,2008

WORKMEN EMPLOYED UNDER IT SHRAMIK SENA Appellant
VERSUS
RAPTAKOS BRETT AND CO LTD Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These appeals are directed against an interim order passed by a Division Bench of the High Court of Judicature at Bombay in Letters Patent Appeal No.177 of 2007 with Civil Application No.303 of 2007 in Civil Application Nos.1916 and 1554 of 2007 in Writ Petition No.3079 of 2006. By the impugned order, the Division Bench of the High Court had modified an interim order passed by a learned single Judge, which was as follows: - "[i] As the Company has decided to reinstate the workmen instead of paying dues u/s 17B of the Industrial Disputes Act, the workmen shall be paid wages at par with unskilled permanent workmen or the statutory minimum wages whichever is higher, from the date of this order. [ii] If no work is provided to the workmen by the employer, they shall be paid wages @ Rs.2,500/- per month. [iii] These wages shall be paid by the employer and accepted by the workmen without prejudice to their rights and contentions in the petition. [iv] The arrears payable to the workmen on account of non- payment of wages @ Rs.2500/- per month, when work was not provided to them, after the order of this Court dated 29.8.2006, shall be paid within a period of four weeks from today."
(3.) This interim order of the learned single Judge was taken in appeal by the Management before the High Court of Judicature at Bombay. The Division Bench disposed of that appeal by keeping the interim direction Nos. 2 to 4 intact but so far as the interim direction No. 1 was concerned, it was moulded as follows: - "As the Company has decided to reinstate the workmen instead of paying dues u/s 17B of the Industrial Disputes Act, the workmen shall be paid last drawn wages or the statutory minimum wages whichever is higher, from the date of this order." As noted herein earlier, these special leave petitions have been filed against the aforesaid modified interim order of the High Court of Judicature at Bombay.;


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