WP/2038/2008
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2038 OF 2008
Municipal Council, Osmanabad
Taluka and Dist. Osmanabad,
through the Chief Officer. ..Petitioner
Versus
General Secretary,
Marathwada Lal Bawata Labour
Union, Trade Union Office,
Jalkot Road, Udgir, Dist. Latur. ..Respondent
ig ...
Advocate for Petitioner : Shri R V Naiknaware
Advocate for Respondent : Shri B B Yenge
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: October 01, 2016 ...
ORAL JUDGMENT:-
1. The petitioner / Municipal Council is aggrieved by the judgment and order dated 23.1.2008, delivered by the Industrial Court, Latur in Complaint (ULP) No.312 of 2004 (Old No.43 of 2002).
2. This petition was admitted on 11.2.2009 and interim relief in terms of prayer clause (C) was granted.
3. I have heard the learned Advocates for the respective sides at length.
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4. There is no dispute as regards the following aspects:-
(a) Those workers, as like the respondents, who had worked on holidays, are entitled for double the wages as are normally paid per day.
(b) The settlements between the litigating sides, referred to by the Industrial Court in paragraph Nos.10 and 11 of the impugned judgment are not disputed.
(c) Several other similarly situated workers have been paid double wages for having worked on holidays.
(d) This Court, by judgment dated 2.8.2010, in Writ Petition Nos. 2955 of 2009 and 8060 of 2009 concerning identically placed other workers, has concluded that such monetary benefits are liable to be paid to such workers who worked on holidays.
(e) The Honourable Supreme Court by its order dated 31.1.2011 has dismissed the Special Leave Petitions filed by the establishment.
(f) The Honourable Apex court by order dated 20.2.2015 has dismissed yet another Special Leave to Appeal, filed by the establishment.
(g) The matter can be remanded back to the Industrial Court only for a limited purpose of calculating the exact amounts of double wages to be paid to the 51 workers involved in the said ULP complaint by keeping in view the payments ::: Uploaded on - 03/10/2016 ::: Downloaded on - 05/10/2016 00:42:42 ::: WP/2038/2008 3 that the petitioner / establishment has already made to the said workers.
5. In the light of the above, this petition is partly allowed by consent and the impugned judgment dated 23.1.2008 is set aside only to the extent of the direction to pay an amount of Rs.47,983.43 Ps.
per worker (51 workers) amounting to Rs.24,47,157.40 Ps.
6. Complaint (ULP) No.312 of 2004 is remitted to the Industrial Court, Latur for permitting the litigating sides to lead evidence only with regard to the assessment of actual unpaid amounts,which the petitioner / establishment has to pay to the 51 workers. The Industrial Court, Latur, after recording the evidence, may take the assistance of the Investigating Officer, if it deems proper for the purposes of assessing exact unpaid amounts to be paid to these 51 workers.
7. The amount of Rs.,8,00,000/- (Rs. Eight Lakhs only/-) deposited by the petitioner and which is transmitted to the Assistant Commissioner (Labour), Latur shall be disbursed by the Assistant Commissioner (Labour), Latur to the 51 workers, individually, in equal proportions. These workers will file individual apploications for withdrawal along with proof of their identity in the form of (a) recent photograph and (b) Copy of Voter I.D. Card. The Industrial ::: Uploaded on - 03/10/2016 ::: Downloaded on - 05/10/2016 00:42:42 ::: WP/2038/2008 4 Court shall consider this aspect of payment of money while arriving at the unpaid amounts due to be paid to the 51 workers.
8. Considering the date of filing of the complaints, the Industrial Court, Latur shall decide the above issue as expeditiously as possible and preferably on/or before 31.1.2017. The litigating sides shall appear before the Industrial Court, Latur on 17.10.2016 and formal notices need not be issued.
9. Rule is made partly absolute in the above terms.
( RAVINDRA V. GHUGE, J. ) ...
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