Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Industrial Disputes Act 1947: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Uttar Pradesh Industrial Disputes Act, 1947: ss.2(y), 6E(2)and its proviso – Respondent-employer moved an application unders.6E(2) seeking approval of dismissal of appellant-workman oncharges of misconduct – Appellant-workman opposed the same onthe ground that there was short payment of Rs.110/- as he was paidonly Rs.1103/- whereas his monthly wages was 1214/- and, therefore,the respondent did not ensure full compliance with the conditionwhich was necessary for grant of approval to the dismissal order interms of proviso to sub-section (2) of s.6E of the Act – Held: Therecords showed that the respondent had paid Rs.110/- to theappellant in August 1986 by way of “interim relief” as an ex gratiapayment – The said sum of Rs.110/- was paid only once in August1986 and not thereafter – Such payment cannot be termed either aswages or its component within the meaning of s.2(y) r/w s.6E(2) ofthe Act since any isolated one-time ex gratia payment made by wayof an interim relief neither satisfies the requirement of s.2(y) nor itsatisfies the requirement of clauses (i) to (iii) of s.2(y) of the Act – Inorder to treat any payment as “wages”, it must be proved that it wasbeing paid by the employer to his employee pursuant to the terms ofhis employment – It is only then a right is created in employee’sfavour to claim such amount from the employer – Appellant failedto adduce any evidence to prove that Rs.110/- was being paid tohim every month by the respondent as a part of his term of theemployment – High Court failed to examine the main question as towhether a payment of Rs.110/- was in the nature of “wages” or itscomponent within the meaning of s.2(y) of the Act – Without decidingthis question, the High Court held that such amount could beadjusted against the payment made by the employer (respondent)to the appellant under “leave encashment” – It was not correctapproach – Respondent’s application made under s.6E(2) of theAct is allowed by granting approval to the appellant’s dismissal –Labour law. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 1129 |
Petitioner | Shri H.d. Sharma |
Respondent | Northern India Textile Research Association |
SCR | [2018] 14 S.C.R. 476 |
Judgement Date | 2018-12-03 |
Case Number | 3168 |
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