The Tribunal allowed an application for arrears of wages under Section 33-C(2) of the ID Act. Based on the management's categorical admission, the claimant was awarded Rs. 1,14,380/- plus potential interest.
Claim allowed for Rs. 1,14,380/-, payable within 30 days. Direction to pay 6% interest on delayed payment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT DELHI-1, ROOM NO.207, ROUSE AVENUE COURT COMPLEX, NEW DELHI
LCA NO. 298/2021
Smt. Asharfi Devi W/o Sh. Harwans Lal, Through Sh. Abhinav Kumar, C-240, Ist Floor, Jhilmil Colony Delhi-110095.
…Claimant
Versus
The Commissioner, Municipal Corporation of Delhi Dr. S.P. Mukherjee Civic Center Jawahar Lal Nehru Marg, Minto Road, Delhi-110002.
…Management
Shri Abhinav Kumar, A/R, for the claimant Shri. Devendra Kumar, A/R for the management
ORDER
An application was moved by Smt. Asharfi Devi W/o Sh. Harwans Lal`, the claimant, under Section 33-C(2) of the Industrial Disputes Act, 1947 (in short the Act) with the averments that she joined service with the management as Safai Karamchari. she was treated as daily wager employee and was paid wages as fixed and revised from time to time under the Minimum Wages Act. she was thereafter regularized on the said post retrospectively with effect from 1988. Since then, the claimant was serving the management to the entire satisfaction of the seniors. Arrear of Rs. 2,27,130/- were not paid to the claimant.
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claimant. In view of the categorical admission made by the management and the affidavit filed by the claimant, the application filed by the claimant under Section 33-C (2) of the Industrial Disputes Act, 1947 for arrear is allowed and it is held that the claimant is entitled to an amount of Rs. 1,14,380/- (Rupees One Lakh Fourteen Thousand Three Hundred and Eighty Only) as per the categorical admission made by the management in the written statement submitted by them.
Justice Vikas Kunvar Srivastava Presiding Officer Retired Judge, High Court of Allahabad November 11, 2024
2 issues framed by the court
Whether the claimant is entitled to arrears of wages as admitted by the management.
The quantum of arrears payable to the claimant based on the management's written statement.
1 provisions across 1 enactments
Justice Vikas Kunvar Srivastava
As recorded by the court registry
An application to a Labour Court, most commonly under section 33C(2) of the Industrial Disputes Act 1947 for computation of money due to a workman.
Judgements on the same questions, provisions and authorities, from every court
