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2013 DIGILAW 686 (UTT)

UTTARAKHAND FOREST DEVELOPMENT CORPORATION v. MAHENDRA SINGH

2013-10-29

BARIN GHOSH, SERVESH KUMAR GUPTA

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JUDGMENT Barin Ghosh, C.J. (Oral) Respondents were daily wage employees of the appellants. They were retrenched. Respondents went before the Labour Court. The Labour Court held in favour of the appellants. The order of the Labour Court was challenged by filing a writ petition. The writ petition was allowed when the order of the Labour Court was set aside and the orders of retrenchment were quashed on the ground that the same were in violation of Section 25-N of the Industrial Disputes Act. Appellants, then, approached against the order of this Court the Hon’ble Supreme Court. Appellants lost before the Hon’ble Supreme Court. A Review Petition filed by the appellants followed by a curative petition filed by the appellants before the Hon’ble Supreme Court yielded no result. Respondents were, accordingly, reinstated. Upon reinstatement, appellants started paying to the respondents remuneration at the rate of Rs. 6,029/- per month since August, 2007. By an order dated 21st September, 2010, the amount of Rs. 6029 was reduced to Rs. 1744/- on the ground that immediately before the respondents were retrenched they were receiving Rs. 1,744/- per month. This order has been successfully challenged by the respondents in a writ petition, which has been disposed of by the judgment and order under Appeal. There is no dispute that as on the date of reinstatement, the amount payable to the daily wagers was not less than Rs. 6,029/- per month. That being the situation, the remuneration of the respondents could not be reduced from Rs. 6,029/- to Rs. 1,744/- and the reason for reduction as furnished is wholly misplaced. 2. We, accordingly, refuse to interfere and dismiss the Appeal.