By means of this writ petition the petitioner-employer has challenged the order dated 29.4.2013 purported to have been passed in exercise of power under Section 6-H(1) of the Industrial Disputes Act, 1947 (in short the Act). In adjudication case being Adjudication Case Nos. 206, 261 and 262 of 1991 an application was moved by the employer under Section 6-E (2)(b) of the Act seeking permission to terminate the services of the workman. The said application under Section 6-E (2) (b) of the Act was rejected by order dated 23.8.2012.
The petitioner challenged the order dated 23.8.2012 by filing a writ petition before this Court being Writ Petition No. 54674 of 2012. This Court vide order dated 16.10.2012 while staying the order passed under Section 6-E (2) (b) of the Act dated 23.8.2012 directed the employer to deposit 25% of the amount so awarded by the Tribunal within a period of six months with the liberty to the workman to withdraw the same.
It appears that the workman filed an application under Section 6-H (1) of the Act for complying with the order of this Court and the petitioner-employer submitted a calculation chart for depositing 25% of the amount so directed by the High Court. The chart includes pay, bonus, dearness allowance, house rent allowance, conveyance allowance and canteen allowance but the Deputy Labour Commissioner without considering the chart or recording his dissatisfaction with the figure arrived at by the employer, issued a direction to deposit certain further amount. While calculating the amount, the Deputy Labour Commissioner has also included bonus and leave encashement into the wages, which according to the learned counsel for the petitioner, cannot be included as the workman was not in service and, therefore, there is no question of granting bonus.Further it has been stated that under the Industrial Disputes Act as well as Payment of Wages Act, bonus is not included in the term wages.
Learned counsel for the petitioner further stated that the amount so deposited in terms of the chart presented by the employer annexed as Annexure-9 to the writ petition has already been withdrawn by the workman.
The matter requires consideration.
Learned Standing Counsel represents respondent no.1.
Issue notice to respondents no. 2,3,4 and 5 returnable at an early date.
The petitioner shall take steps for service of notice upon respondents no.2,3,4 and 5 within a week.
The respondents may file counter affidavit within one month.
List thereafter.
Till the next date of listing, the operation of the impugned order dated 29.3.2014 passed under Section 6-H(1) of the Act shall remain stayed.
Order Date :- 2.5.2014/SKM