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Sanchalak Blue Bird Junior High ... vs Presiding Officer, Labour Court ...

High Court Of Judicature at Allahabad|29 August, 2003

JUDGMENT / ORDER

JUDGMENT Anjani Kumar, J.
1. The petitioner-employers aggrieved by the order of the labour Court, Agra dated 27th February, 1985, passed on an application filed by the contesting respondent-workman under Section 33-C(2) of the Industrial Disputes Act, 1947 (In short 'Act'), for computation of amount have approached this Court by means of present writ petition under Article 226 of the Constitution of India, copy whereof is annexed as Annexure-'VII' to the writ petition.
2. Heard learned counsel appearing on behalf of the parties.
3. From the facts as enumerated in the writ petition as also in the order impugned in the present writ petition, it reveals that the workman concerned has filed an application for computation of amount for a sum of Rs. 1,020/-, including the bonus. The labour Court after hearing the learned counsel for the parties and going through the material evidence on record have found that the workman concerned is entitled for computation of amount of sum of Rs. 940/-, therefore the labour Court directed the employer to pay the aforesaid amount of Rs. 940/- towards the dearness allowance as well as the salary and deduction in lieu thereto and denied the relief to the extent of bonus in favour of the workman. It is this order, which has been challenged by the petitioner-employers by means of present writ petition, as stated above.
4. The labour Court after considering the material evidence on record have arrived at the conclusion and recorded a finding that instead of Rs. 1,020/-, only a sum of Rs. 940/- is computable, which is admitted by the employers, be paid to the workman concerned within one month from the date of order. So far as the relief of bonus is concerned, the labour Court recorded a finding that since in the private organisation bonus are not applicable, the workman concerned is not entitled for any, bonus. In these circumstances the findings arrived at by the labour Court do not warrant any interference by this Court in exercise of its powers under Article 226 of the Constitution of India.
5. In view of what has been stated-above, this writ petition being devoid of any merits is accordingly dismissed. The interim order, if any, stands vacated. However, on the facts and the circumstances of the case there will be no order as to costs.
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Title

Sanchalak Blue Bird Junior High ... vs Presiding Officer, Labour Court ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 August, 2003
Judges
  • A Kumar