Khadi Gramudyog Bhawan vs Bhim Singh Bajeli
2009 Latest Caselaw 3972 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          W.P.(C.) No. 18213/2006

%                   Date of Decision: 25th September, 2009

# KHADI GRAMUDYOG BHAWAN
                                                                ..... PETITIONER
!                   Through:      Mr. Jagat Arora , Advocate

                                     VERSUS

$ BHIM SINGH BAJELI
                                                               .....RESPONDENT

^                   Through:      Mr. D.S. Bora, Advocate.

CORAM:
Hon'ble MR. JUSTICE S.N. AGGARWAL

1. Whether reporters of Local paper may be allowed to see the judgment? No

2. To be referred to the reporter or not? No

3. Whether the judgment should be reported in the Digest? No

S.N.AGGARWAL, J (ORAL)

The management of Khadi Gramudyog Bhawan, in this writ petition

seeks to challenge an order dated 10.05.2006 passed by CGIT, New Delhi

awarding an amount of Rs. 58,889/- in favour of respondent workman

under Section 33-C(2). This amount has been awarded to the workman

on account of difference of salary for the period from January 1987 to July

1997 in terms of award dated 29.10.1986 passed by the Industrial

Adjudicator in I.D. No. 169/1983 as modified vide order dated

24.02.1987.

2. Vide industrial award dated 29.10.1986 as modified vide order

dated 24.02.1987, the respondent workman was held entitled to grade of

Rs. 100-150 w.e.f. 15.12.1962; grade of Rs. 125-255 w.e.f. 01.10.1963

and grade of Rs. 330-560 w.e.f. 01.01.1973. Consequent upon award of

these grades in favour of the respondent workman, there was dispute

between the parties regarding computation of arrears due and drawn by

the workman. The respondent workman was paid an amount of Rs.

62,633/- on account of arrears (Rs. 60,980/- vide cheque dated

28.06.1997 and the second Rs. 1,653/- vide cheque dated 28.08.1997)

of difference of salary for the period from January 1987 to July 1997. This

amount was received by the workman under protest as is so mentioned

in the receipts executed by him which are at pages 92-93 of the Paper

Book. Since according to the respondent workman some more amount

was payable to him on account of arrears for the period from January

1987 to July 1997, he filed a Legal Claim Application being L.C.A. No.

65/1997 under Section 33-C(2) before the CGIT and had claimed an

amount of Rs. 28,930.35/- more as arrears of salary due to him. The

respondent workman along with his L.C.A. No. 65/1997 had filed a chart

of computation to show how the amount of Rs. 28,930.35/- more was due

to him on account of arrears of salary for the period from January 1987 to

July 1997 and that chart is at page 53 of the Paper Book.

3. Mr. Jagat Arora, learned counsel appearing on behalf of the

petitioner, has argued that the Court below has overlooked the own claim

of the respondent workman in which he has made only a claim of Rs.

28,930.35/- more on account of arrears of the difference of salary for the

period from January 1987 to July 1997 and has awarded an amount of Rs.

58,889/- in his favour without their being any material to support the said

amount.

4. On being repeatedly asked, Mr. D.S. Bora, learned counsel

appearing on behalf of the respondent workman, could not point out from

the record as to how the amount of Rs. 58,889/-, as awarded by the CGIT

in favour of his client, was due to him.

5. Since the respondent workman himself has claimed an amount of

Rs. 28,930.35/- on account of arrears of salary for the period from

January 1987 to July 1997, the Court below has exceeded its jurisdiction

in awarding an amount of Rs. 58,889/- in favour of the respondent

workman without laying any foundation for the same. The impugned

order to that extent needs to be modified as it has been passed

overlooking the own claim of the respondent workman mentioned in the

chart annexed along with the claim application.

6. For the foregoing reasons, this writ petition is partly allowed. The

impugned award is modified to the extent that the petitioner shall be

liable to pay only an amount of Rs. 28,930.35/- to the respondent

workman in stead of Rs. 58,889/- awarded to him in the impugned order

on account of arrears of salary for the period from January 1987 to July

1997. The arrears, as ordered, be paid by the petitioner to the

respondent workman within three weeks.

This writ petition stands disposed of in terms referred above.

SEPTEMBER 25, 2009                               S.N.AGGARWAL, J
'BSR'