Sukhram Singh Vs. Krishi Utpadan Mandi Samiti & Anr.
EmailAppeal: Civil Appeal No. 1371 of 1998
With
Civil Appeal No. 1872 of 1998
With
Civil Appeal No. 1872 of 1998
Petitioner: Sukhram Singh
Respondent: Krishi Utpadan Mandi Samiti & Anr.
Apeal: Civil Appeal No. 1371 of 1998
With
Civil Appeal No. 1872 of 1998
With
Civil Appeal No. 1872 of 1998
Judges: S.B. MAJMUDAR & U.C. BANERJEE, JJ.
Date of Judgment: Aug 10, 2000
Head Note:
LABOUR AND INDUSTRIAL LAW
Industrial Disputes Act, 1947
Section 33-C(2) with Payment of Wages Act, 1936 – Mandi Samities – Workmen working under Samities – Question of applicability of Wages Act – Even if Samity to succeed, right of workmen, under Section 33-C(2) still surviving – Counsel making a fair sugges-tion for payment of Rs. 25,000 each to workmen. Held that in view of the stand, each workman be paid Rs. 25,000. Question of appli-cability left open.(Paras 2, 3)
JUDGEMENT:
ORDER
1. These appeals raise an important question regarding applica-bility of Payment of Wages Act, 1936 to Mandi Samities, governed by the Uttar Pradesh Krishi Utpadan Adhiniyam, 1964. We would have been required to go into this question closely but for the fact that learned Counsel for the appellants fairly stated that the principal amount of claim involved Rs. 9,000/- each, with interest, and if Rs. 25,000/- (Rupees twenty five thousand only) each are paid to the appellants who are already working with the respondent-Mandi Samiti, it would meet the ends of justice.
2. In our view, this is a very fair stand which must be accepted by the respondent-Mandi Samiti for the simple reason that even if they succeed in these appeals, the right of the appellants for filing appropriate application under Section 33-C(2) of the Industrial Disputes Act, 1947 would still survive and future litigation with mounting interest claim of the appellants against the respondent-Mandi Samiti would ultimately get foisted on the shoulders of the respondent-Mandi Samiti as the order of the Industrial Tribunal directing reinstatement and payment of back wages is already final between the parties.
3. Considering all these aspects and without expressing any opin-ion on the controversy between the parties about applicability of the aforesaid Act to the respondent-Mandi Samiti and keeping that question open, the respondent-Mandi Samiti is directed to pay, towards full and final satisfaction of the appellant’s claim in these proceedings, an amount of Rs. 25,000/- (Rupees twenty five thousand only) each within eight weeks from today.
4. Subject to this direction the Civil Appeals are disposed of.
5. No costs.
1. These appeals raise an important question regarding applica-bility of Payment of Wages Act, 1936 to Mandi Samities, governed by the Uttar Pradesh Krishi Utpadan Adhiniyam, 1964. We would have been required to go into this question closely but for the fact that learned Counsel for the appellants fairly stated that the principal amount of claim involved Rs. 9,000/- each, with interest, and if Rs. 25,000/- (Rupees twenty five thousand only) each are paid to the appellants who are already working with the respondent-Mandi Samiti, it would meet the ends of justice.
2. In our view, this is a very fair stand which must be accepted by the respondent-Mandi Samiti for the simple reason that even if they succeed in these appeals, the right of the appellants for filing appropriate application under Section 33-C(2) of the Industrial Disputes Act, 1947 would still survive and future litigation with mounting interest claim of the appellants against the respondent-Mandi Samiti would ultimately get foisted on the shoulders of the respondent-Mandi Samiti as the order of the Industrial Tribunal directing reinstatement and payment of back wages is already final between the parties.
3. Considering all these aspects and without expressing any opin-ion on the controversy between the parties about applicability of the aforesaid Act to the respondent-Mandi Samiti and keeping that question open, the respondent-Mandi Samiti is directed to pay, towards full and final satisfaction of the appellant’s claim in these proceedings, an amount of Rs. 25,000/- (Rupees twenty five thousand only) each within eight weeks from today.
4. Subject to this direction the Civil Appeals are disposed of.
5. No costs.
