UTTARAKHAND FOREST DEVELOPMENT CORPORATION AND OTHERS Vs. MAHENDRA SINGH AND OTHERS
LAWS(UTN)-2013-10-62
HIGH COURT OF UTTARAKHAND
Decided on October 29,2013

Uttarakhand Forest Development Corporation And Others Appellant
VERSUS
Mahendra Singh And Others Respondents

JUDGEMENT

Barin Ghosh, C.J. - (1.) Respondents were daily wage employees of the appellants. They were retrenched. Respondents went before the Labour Court. The Labour Court held in favour of the appellants. The order of the Labour Court was challenged by filing a writ petition. The writ petition was allowed when the order of the Labour Court was set aside and the orders of retrenchment were quashed on the ground that the same were in violation of Section 25-N of the Industrial Disputes Act. Appellants, then, approached against the order of this Court the Hon'ble Supreme Court. Appellants lost before the Hon'ble Supreme Court. A Review Petition filed by the appellants followed by a curative petition filed by the appellants before the Hon'ble Supreme Court yielded no result. Respondents were, accordingly, reinstated. Upon reinstatement, appellants started paying to the respondents remuneration at the rate of INR 6,029/- per month since August, 2007. By an order dated 21st September, 2010, the amount of INR 6029 was reduced to INR 1744/- on the ground that immediately before the respondents were retrenched they were receiving INR 1,744/- per month. This order has been successfully challenged by the respondents in a writ petition, which has been disposed of by the judgment and order under Appeal. There is no dispute that as on the date of reinstatement, the amount payable to the daily wagers was not less than INR 6,029/- per month. That being the situation, the remuneration of the respondents could not be reduced from INR 6,029/- to INR 1,744/- and the reason for reduction as furnished is wholly misplaced.
(2.) We, accordingly, refuse to interfere and dismiss the Appeal.;


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