Shekhar B. Saraf, J. - (1.) JUDGEMENT_116_LAWS(CAL)2_2020_1.html 1. The above prose of V. R. Krishna Iyer, J., better known as the People's Judge, resonates in each ion of my being as I embark on the short journey to resolve the present controversy between Management and Labour. The present application has been filed under Article 226 of the Constitution of India wherein the writ petitioner (the Management) is assailing an award dated December 6, 2017 passed by the First Labour Court, Kolkata, West Bengal (hereinafter referred to as the 'said Labour Court'). The issue that was brought before the said Labour Court was with regard to the interpretation of Clause 5 of the settlement agreement that had been reached between the petitioner company and the employees of the petitioner company in reference under Section 36A of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'said Act').
(2.) Mr. Ranjay De, learned Counsel appearing on behalf of the petitioner company placed Clause 5 before this Court and argued that the service charge that is collected on Food and Beverage sales was decided to be disbursed amongst all the employees and the managerial personnel connected with the hotel functioning. It was his submission that the service charge is only payable to personnel who are functioning in the hotel, and not to personnel that have been suspended. He submitted that as the employees in question were suspended, and the said suspension having been upheld by the Industrial Tribunal by an order dated December 17, 2018, there was no question of the service charge being treated as part of wages.
(3.) He further relied on the West Bengal Payment of Subsistence Allowance Act, 1969 (hereinafter referred to as the 'Subsistence Act') and specifically placed Section 2(f) defining 'suspension' and Section 2(g) defining 'wages'. He submitted that the definition of wages in the Subsistence Act would be the meaning assigned to the term 'wages' in Section 2(rr) of the said Act. He further placed reliance on Section 3 to indicate that the Subsistence Act only quantifies the amount of the subsistence allowance payable to an employee and nothing more.;