JUDGEMENT
S.U.KHAN, J. -
(1.) Heard learned counsel for the parties.
Respondents 3 and 4 Indrajeet Singh Pal and
J.K. Dey Sarkar were two of the employees of
the petitioner. Both were suspended pending
inquiry on February 23, 1981. Ultimately
against both the contesting respondents
punishment orders were passed. Against
respondent No. 3, Indrajeet Singh Pal,
punishment order was passed on September 29,
1981. The punishment was of reduction of pay
by five stages with immediate effect
punishment order against J.K. Dey Sarkar was
passed on October 3, 1981. The punishment
was reduction of pay by three stages.
(2.) During suspension period, the
contesting respondents were paid subsistence
allowance. After punishment orders, a dispute
arose in respect of payment of balance amount
for the suspension period. The matter was
referred by the State Government to the Labour
Court. The reference was to the effect as to
whether non-payment of the balance amount
for the suspension period from February 23,
1981 to August 27, 1981 in the case of Indrajeet
Singh Pal and from February 23, 1981 to
September 24, 1981 in the case of J.K. Dey
Sarkar was valid or not.
(3.) The matter was registered before the
Presiding Officer, Labour Court, U.P.
Ghaziabad as Adjudication Case No.
127/1983. The Labour Court held that the
con-testing respondents were entitled to the
balance salary for the suspension period. The
said order is challenged through this writ
petition by the employer.;
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