Decided on May 22,2013

Garhwal Mandal Vikas Nigam Limited Appellant


- (1.) Heard Sri Sandeep Kothari, counsel for the petitioner and Sri Anil Dabral, counsel for the respondent No. 2. By means of this petition the petitioner has sought a writ, order or direction in the nature of certiorari quashing the impugned orders dated 16.2.200 and 24.5.2000, passed by Labour Court Dehradun in Misc. Case No. 40/1999.
(2.) Vide impugned order dated 16.2.2000, the application of the workman u/s. 33-C(2) of Industrial Disputes Act was allowed and direction was issued to pay a sum of Rs. 1,00,272/-, the arrear of salary during the period 1.12.88 to 20.8.96 and if the payment is not made within a month interest @ 13% per annum shall be payable. A sum of Rs. 1,000/- was also awarded as cost of the suit. Vide impugned order dated 24.5.2000 the review application was dismissed.
(3.) Briefly stated the facts giving rise to this writ petition are that the petitioner is an undertaking of State of U.P. (now State of Uttarakhand). In order to promote the cause of tourism and to provide the facilities of high standards to the people at large the petitioner runs several tourist bungalows and respondent No. 2 was initially hired on daily wage basis by the petitioner as house keeper in the year 1987. The services of the respondent No. 2 were regularized against the minimum pay-scale of house keeper in the year 1993. The respondent No. 2 feeling aggrieved by her placement while being regularized by the petitioner in the minimum pay-scale of house keeper filed a Civil Misc. Writ Petition No. 38828 of 1992, Smt. Rani Subba v. Garhwal Mandal Vikas Nigam Ltd. and others. The said writ petition was disposed of with the direction to the petitioner to decide the representation of the respondent No. 2 within a stipulated period. The representation of respondent No. 2 was decided by the petitioner-Corporation on 3.11.1992. Feeling aggrieved by the decision on her representation the respondent No. 2 preferred Civil Misc. Writ Petition No. 2292 of 1993 before Allahabad High Court and the High Court vide order dated 31-3-1993 issued an ad-interim mandamus commanding the petitioner/Corporation either to pay the salary as claimed by the respondent No. 2 or to show-cause. The petitioner/Corporation has shown cause in the said writ petition. During the pendency of the said writ petition, the Corporation vide its order dated 28-7-1997 granted higher scale of Rs. 1400-2300 to the respondent No. 2 w.e.f. 1.12.1988 including the increment with retrospective effect on the representation of the respondent No. 2, where she stated that she would not claim and forgo the arrears of back wages i.e. difference in the pay-scale from the date of grant of approval i.e. 1.12.1988 to 20.8.1996, as she was already given the pay-scale of Rs. 1400-2300 on 20-8-1996. Thus the grievance of the respondent No. 2 which was raised in the Civil Misc. Writ Petition No. 2292 of 1993 was redressed. The respondent No. 2 also gave a letter with affidavit for forgoing the arrears for the above period to the petitioner/Corporation. In the affidavit the respondent No. 2 has stated that since the Corporation has redressed her grievance and in view of the order dated 28-7-1997 she would withdraw her petition.;

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