Rameshwar Lal vs Hindustan Zinc Ltd. and Another

Govind Mathur, J.—The Labour Court, Udaipur by its award dated February 29, 1984 answered reference made to it by the appropriate government on January 7, 1983 by holding removal of the petitioner from service w.e.f. May 15, 1982 illegal. Accordingly, a direction was given for his reinstatement in service with all back wages. A petition for writ giving challenge to the award aforesaid also came to be rejected by single Bench of this Court on December 6, 1985. A special appeal preferred by the employer giving challenge to the judgment dated December 6, 1985 also came to be rejected on December 12, 1986. However, Supreme Court by its order dated August 29, 1996 modified the award dated February 29, 1984 only to the extent of the quantum of back-wages. The respondent-employer has already reinstated the workman and also paid a sum of Rs. 96,078/- against 50% of back-wages and certain other dues of the petitioner.

By this petition for writ claim of the petitioner is that the amount paid is not in consonance with entitlement of the petitioner. A direction therefore, is sought for respondents to make payment of bonus, attendance incentive and production incentive, gift material such as alarm clock, silver coins, silver plates, steel utensils, payment towards breakfast etc.

Whatever claim made by the petitioner, that can very well be determined in the terms of money. If the petitioner is having any entitlement regarding the claims made by him it is open for him to get the same settled by initiating proceedings u/s 33(c)(2) of the Industrial Disputes Act, 1947. As a matter of fact, the relief''s claimed by the petitioner regarding payment of bonus, attendance incentive, production incentive and relating to certain gift articles are not required to be settled in writ jurisdiction of this Court. As such, I am not inclined to interfere, thus, this petition for writ is disposed of by giving a liberty to the petitioner to claim all these issues as per his entitlement under the provisions of Section 33(c)(2) of the Industrial Disputes Act, 1947 or by availing any other appropriate remedy.