to Rs. 423 from the year 1.10.2000 till date for skilled
workers and Rs. 60/- to Rs. 310/- from the year 1.10.2000 till
date for unskilled workers. The above orders of office of the
Commissioner, Labour and Employment have revised the
rates or VDA on the basis of average Consumer Price Index
number for various categories of employees in the Scheduled
Employment. There is no dispute that no compensation has
been paid to the Party I workmen and that they are entitled
for atleast minimum wages and other benefits as per the said
Notifications and Orders. The workers from Part A from Sr.
No. 1 to 8 and 12 to 14 were skilled workers and the others
were unskilled workers. The workers from Part B from Sr. No.
1 to 8, 10 to 13 and 30 were skilled workers and others were
unskilled workers. The workmen however cannot claim entire
back wages from its employer as of right as they have to plead
and prove with the aid of evidence that after his refusal from
service, they were not gainfully employed anywhere and had
no earning to maintain themselves and their families, which
they have failed to prove and therefore the workmen would
not get back wages In its entirety. It would therefore be just
and proper and In the interest of justice to award the workers
of Part A and Part B of the schedule, 50 % of the total back
wages along with other consequential benefits like in the case
of Rajasthan State Road Transport Corporation, supra. It is
therefore ends of justice would be met, if the Party I
Workmen are paid 50% of. Total back wages along with other
consequential benefits to be calculated on the basis of above
Notifications and Orders, which would be just, proper and
equitable in the facts and circumstances of the case. Hence,
the above issues are answered accordingly.”
