This petition impugns an order passed by the Deputy Labour Commissioner under Section 6H(1) of the U.P. Industrial Disputes Act, 1947 ["the 1947 Act"]. Earlier to those proceedings, the services of the respondent-workman was stated to have been terminated by the petitioner leading to the raising of an industrial dispute. That dispute was ultimately adjudicated upon by the Labour Court and by its Award of 17 February 1997, the respondent-workman reinstated together with full backwages and other attendant benefits. The challenge to that award also failed with the dismissal of the writ petition preferred by the petitioner on 04 September 2002. It is thereafter that the respondent-workman initiated proceedings for computation of benefits. Before this Court, the impugned order has been assailed on the ground that the respondent-workman was being paid wages of Rs.900/- per month whereas he had claimed wages under Section 6H(1) the 1947 Act at a higher rate. According to the petitioner, the computation as submitted by the respondent-workman took into consideration certain minimum wages which had been fixed by the State Government and was not representative either of the pay being drawn immediately before he was retrenched nor did the claim presented by the claimant rest on any increments that may have come to be attached to the pay scale drawn by the respondent-workman. Although, the proceedings are stated to have been contested by the petitioner, this issue does not appear to have been either alluded to or adjudged by the Deputy
