Anil Kumar, J. - (1.) HEARD Sri Lalit Shukla, learned counsel for petitioner and Sri O.P. Srivastava, learned counsel for contesting respondent No. 1 and perused the record. Facts of the present case are that Sri Prag Dutt who was working as daily wage employee in the Branch of Allahabad at District Gonda. For redresal of his grievances approached Labour Court by filing an adjudication case, registered as LCA No. 593 of 1985 (Sri Prag Dutt Vs. Allahabad Bank) before the Central Government/Industrial Labour Court, Kanpur and by means of the judgment and award dated 29.01.1988 ( Annexure No. 18), Labour Court allowed the same, relevant portion quoted as under: In the result the petitioner is held entitled to recovery of wages for 192 days at the rate of Rs. 245/ -per month (basic pay) besides D.A. and H.R.A. admissible under the Rules and Bonus. Petitioner is, therefore, decided accordingly.
(2.) THE same is under challenged in the present writ petition. Needless to mention herein that learned counsel for parties agree that the award passed by Labour Court may be modified to the extent that the petitioner/Allahabad Bank shall pay the wages for 192 days at the rate of Rs. 245 per month and so far as payment of DA and HRA to the O.P. No. 1/Sri Prag Dutt, as he was daily wager employee, the same shall not be payable to him in terms of the award in question.
(3.) FOR the foregoing reasons, the award dated 29.01.1988 is modified to the extent that the O.P. No. 1 is only entitled for wages for 192 days at the rate of Rs. 245 per month. The said amount be paid to Sri Prag Dutt within a period of six weeks from the date of receiving certified copy of this order after deducting the amount which has already been paid in this regard by the petitioner. With the above observations, writ petition petition is allowed/disposed of.;