The Bombay HC quashes industrial court orders with regards to payment of wages
TITLE : The Maharashtra State Co-operative V Smt. Bhagyashree Pravin Kulkarni
CORAM : Hon’ble Justice Sandeep V Marne
DATE : 5th January 2024
CITATION : WP No. 13300 Of 2023
FACTS
The petition was filed by the Maharashtra State Co-operative Marketing Federation challenging the order of Industrial Court. The industrial court granted protection to the respondent in the form of direction to the petitioners to pay wages from the date of transfer to the contractor. The respondent was employed as a typist in the petitioner company on a daily wage basis. The respondent claimed that the action of the petitioners from transferring her from one organization to another was illegal. Despite being transferred, she wasn’t paid as per the new organization standard. The respondent filed that the wage was paid through the previous workplace and not the current one.
ISSUES
Whether the orders passed by industrial court is valid?
JUDGEMENT
The court held that the interim application filed by the respondent is totally baseless. The industrial court held that the wages must be paid as taking effect from the date of transfer. The industrial court also directed the federation to pay wages from the date of transfer again, albeit her drawing wages from the second company. The court also directed to ensure that the increment of 5 years from 2019 is paid to the respondent, from Rs.500 to Rs.600.
The court declared that the industrial court has misdirected and is unsustainable. The respondent is already protected in the form of continuation of services. Further, it was held that the respondent did not contend the same for 5 years, therefore the demand of the respondent is not entertainable.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Sanjana Ravichandran