MUNICIPAL COUNCIL, BHILWARA v. RATAN LAL RATHI & Anr.

HON'BLE MR. GOVIND MATHUR, J. Mr. Kamlesh Rawal for Mr. K.L. Thakur for the petitioner. Mr. Ravi Bhansali for the respondents. The learned Judge, Labour Court by the award impugned, while setting aside the retrenchment of the respondent workman, ordered for his reinstatement as daily rated employee from the date of his retrenchment with 20% of the applicable minimum wages. While assailing validity of the award impugned, the only contention of the learned counsel for the petitioner is that the Labour Court erred while awarding 20% of the minimum of the pay scale. I have examined the award impugned. From perusal thereof, it is clear that as a matter of fact, the Labour Court nowhere allowed minimum of regular pay scale to the workman while setting aside his retrenchment. The direction given in the 2 award is for making payment i.e. 20% of the minimum wages applicable. The minimum wages and minimum of the pay scales are two different things. The employer in the present matter is required to pay 20% of minimum wages and not of the minimum of the pay scale. In view of it, I do not find any force in the contention so advanced. No other argument is raised. In view of whatever discussed above, I do not find any merit in this petition for writ, same, therefore, is dismissed. (GOVIND MATHUR)J. Anil/