(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) Rule.
Learned counsel for the opponents waives service.
In the above Misc.Civil Application, the applicants have made the grievance that the amount is not properly calculated and paid to the workers in terms of the order dated 16.12.2010 in LPA No.1961 of 2010. When the matter was taken up for hearing today, learned advocate for the opponents Mr.Gupta submitted that all the payments have been made along with interest. Mr.Mishra, learned advocate for the applicants disputed that and made specific statement that the wages for period treated as 'off-season', from the date of award till date, have not been calculated and paid by the opponents. Learned advocate Mr.Gupta submitted that the payments have not been made in respect of the 'off-season' period in view of the principle of 'no work no pay'. However, 'off-season' allowance is paid. At this juncture, both the parties requested the Hon'ble Court to clarify that for the purpose of implementation of the award, since all the employees have been made permanent from 11.2.2000, they are entitled to payment of full wages even for the so-called 'off-season period'.
Accordingly, it is, upon joint request and by consent, clarified that the workmen concerned were entitled to full wages in terms of the award since the date of the award i.e. 11.2.2000; and hence, the opponent is required to pay the full wages regardless of any period treated as "off-season". Learned advocate Mr.Gupta submitted that the payment of differential amount, i.e. the normal wages required to be paid under the award minus the "off-season" allowance, which is paid, shall be paid with interest in terms of the order in LPA No.1961 of 2010, as modified by the Apex Court, on or before 25.4.2012. Learned counsel Mr.Mishra submitted that right of the workmen to approach appropriate authority in case of any dispute about the calculation of the amounts now required to be paid, may be reserved. Therefore, the application is disposed after recording the above understanding and clarification and with liberty to the applicant to raise dispute about the calculations, if any, and subject to the direction that the opponents shall abide by the statement recorded herein above.
The application stands partly allowed and rule is made absolute accordingly with no order as to costs.
(D.H.WAGHELA, J.) (J.C.UPADHYAYA, J.) (binoy) Top