The Tribunal allowed a claim for arrear wages under Section 33-C(2) of the Industrial Disputes Act following a categorical admission by the respondent. The claimant was directed to receive the admitted sum, with instructions to post interest on delayed payment.
Claimant is entitled to Rs. 1,52,463/-; management ordered to pay within 30 days plus 6% interest on delay.
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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. 565/2022
Sh. Ashok Kumar S/o Sh. Madan Pal, Through Sh. Abhinav Kumar, C-240, 1st Floor, Jhilmil Colony Delhi
…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. Dharmendra Kumar, A/R for the management
ORDER
An application was moved by Sh. Ashok Kumar S/o Sh. Madan Pal, the claimant, under Section 33-C(2) of the Industrial Disputes Act, 1947 (in short the Act) with the averments that he joined service with the management as Safai Karamchari. he was treated as daily wager employee and was paid wages as fixed and revised from time to time under the Minimum Wages Act. he was thereafter regularized on the said post retrospectively with effect from 2004. Since then, the claimant was serving the management to the entire satisfaction of the seniors. Arrear of Rs. 2,27,070/- 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. 1,52,463/- (Rupees One Lakh Fifty Two Thousand Four Hundred and Sixty Three 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 a claimant is entitled to arrear wages upon a categorical admission of debt by the management in a Section 33-C(2) proceeding.
Whether interest is payable when the admitted amount is not paid within the stipulated time limit.
1 provisions across 1 enactments
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
