AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the parties.
All the cases, being identical in nature, are disposed of by this common order.
In all the cases, the private respondents have claimed the payment of arrear of wages and the authority has directed for payment of arrear of salary and has granted compensation of Rs. 25/- to each of the worker. The court below has also clubbed together all such cases and disposed of all the cases being P.W. (Payment of Wages) Case No. 1 to 43/1996 by a common order.
Altogether 43 persons have filed their respective claims for the payment of arrear of wages having claimed that they were working in the Fores Department but, the salary has not been paid to them. It will be relevant to quote the claim of each of the worker which is as follows:-
Sl.
No.
Case No.
Name of Parties
Name of Respondent (Labour
Lower Court Case No.
Period of work (As alleged)
Post of work (As alleged)
Rate of payment @ per day
Amount of Payment (Rs.)
1
CWJC No. 14409/2017
The State of Bihar & Anr. Vs.
Upendra Yadav & Ors.
Upendra Yadav
28/96
01.10.1994 to
30.06.1995
(270 days)
-----------
Rs. 30.50 (270X30.50)
Rs. 8235/-
2
CWJC No. 14410/2017
The State of Bihar & Anr. Vs. Jagdish Yadav & Ors.
Jagdish Yadav
04/96
01.10.1994 to
30.06.1995
(270 days)
Animal saver / Protector
Rs. 30.50 (270X30.50)
Rs. 8235/-
3
CWJC No. 14413/2017
The State of Bihar & Anr. Vs. Nunu Lal Paswan & Ors.
Nunu Lal Paswan
32/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
4
CWJC No. 14417/2017
The State of Bihar & Anr. Vs. Lal Paswan @ Shri Lal Paswan & Ors. & Ors.
Lal Paswan @ Shri Lal Paswan
06/96
01.10.1994 to
30.06.1995
(270 days)
Gardener (Maali)
Rs. 30.50 (270X30.50)
Rs. 8235/-
5
CWJC No. 14419/2017
The State of Bihar & Anr. Vs.
Sadanand Paswan & Ors.
Sadanand Paswan
31/96
01.10.1994 to
30.06.1995
(270 days)
----------
Rs. 30.50 (270X30.50)
Rs. 8235/-
6
CWJC No. 14427/2017
The State of Bihar & Anr. Vs. Dasrath Yadav & Ors.
Dasrath Yadav
10/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
7
CWJC No. 14432/2017
The State of Bihar & Anr. Vs. Arun Paswan & Ors.
Arun Paswan
20/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
8
CWJC No. 14439/2017
The State of Bihar & Anr. Vs.
Gangadhar Yadav & Ors.
Gangadhar Yadav
17/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
9
CWJC No. 14442/2017
The State of Bihar & Anr. Vs.
Chakradhar Mahto & Ors.
Chakradhar Mahto
16/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
10
CWJC No. 14443/2017
The State of Bihar & Anr. Vs. Hasan Imam & Ors.
Hasan Imam
15/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
11
CWJC No. 14462/2017
The State of Bihar & Anr. Vs. Prabhu Yadav & Ors.
Prabhu Yadav
22/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
12
CWJC No. 14464/2017
The State of Bihar & Anr. Vs. Nilesh Kumar & Ors.
Nilesh Kumar
21/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
13
CWJC No. 14473/2017
The State of Bihar & Anr. Vs.
Brahmdev Mandal & Ors.
Brahmdev Mandal
24/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
14
CWJC No. 14474/2017
The State of Bihar & Anr. Vs.
Dhaneshwar Mandal & Ors.
Dhaneshwar Mandal
11/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
15
CWJC No. 14498/2017
The State of Bihar & Anr. Vs.
Ramchandra Sah & Ors.
Ramchandra Sah
02/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
16
CWJC No. 14516/2017
The State of Bihar & Anr. Vs. Anil Kumar Mandal & Ors.
Anil Kumar Mandal
03/96
01.10.1994 to
30.06.1995
(270 days)
Security Guard
Rs. 30.50 (270X30.50)
Rs. 8235/-
17
CWJC No. 14521/2017
The State of Bihar & Anr. Vs. Kundan Yadav & Ors.
Kundan Yadav
38/96
01.10.1994 to
30.06.1995
(450 days)
------------
Rs. 30.50 (450X30.50) Rs. 13,725
Rs. 8235/-
requested for payment
18
CWJC No. 14551/2017
The State of Bihar & Anr. Vs.
Bhupdev Paswan &@ Bhudeo Yadav & Ors.
Bhupdev Paswan &@ Bhudeo Yadav
39/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (450X30.50) Rs. 13,725
Rs. 8235/-
requested for payment
19
CWJC No. 14576/2017
The State of Bihar & Anr. Vs. Ranjeet Yadav & Ors.
Ranjeet Yadav
37/96
Period not mentioned
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
requested for payment
20
CWJC No. 14819/2017
The State of Bihar & Anr. Vs.Smt.
Shilo Devi & Ors.
Smt. Shilo Devi
07/96
01.10.1994 to
30.06.1995
(270 days)
------------
Rs. 30.50 (270X30.50)
Rs. 8235/-
21
CWJC No. 15200/2017
The State of Bihar & Anr. Vs. Ashok Mandal & Ors.
Ashok Mandal
36/96
01.08.1994 to
30.06.1995
(330 days)
Animal saver / Protector
Rs. 30.50 (330X30.50) Rs. 10,065
Rs. 8235/-
requested for payment
Total
Rs. 1,72,935/-
The aforesaid claim is in tabular form and arrear amount has been mentioned therein save and except Rs. 25/- to be added with the amount as has been mentioned against each worker and the Court, after discussion, allowed claims of certain worker and also rejected the claim of some of workers, which are as follows:-
''इस प्रकार इन दावा पत्रों की सिद्धि नहीं हो सकी है। अतः दावा पत्र संख्या 1/96, 5/96, 9/96, 12/96, 13/96, 14/96, 18/96, 23/96, 25/96, 26/96, 27/96, 33/96, 34/96, 41/96 ,oa 42/96, खारिज किये जाने योग्य है।''
The claim of P.W. Case No. 1/96, 5/96, 9/96, 12/96, 13/96, 14/96, 18/96, 23/96, 25/96, 26/96, 27/96, 33/96, 34/96, 41/96 and 42/96 have been rejected by the Labour Court as they failed to substantiate their respective claim.
It appears from the order that the notice of the case was not sent to Forest Department but, the Forest Department did not take any step, ultimately, the Court passed the ex-parte order.
The cases of workers were pursued. The Labour Enforcement Officer, respondents workers came to dock and asserted their respective claim which has not been contradicted by the petitioner. Even in the writ application, nowhere the State has disputed the employment of respondents whose cases have been allowed and they have claimed salary as per minimum rate of wages fixed by the State of Bihar.
In that view of the matter, when a substantial justice has been given in connection with payment of salary to the workman, even if some error is there, that has to be ignored. Reliance in this connection may be made to the judgment passed in the case of A.M. Allison & H.P. Brigg. Vs. B.L. Sen & Ors. reported in AIR 1957 SC 227, para-17, Om Prakash Goel Vs. Committee of Management, Kunwar R. C. Mahila Degree College, Mainpuri Vs. Vice Chancellor, Agra University & Anr. reported in 1991 LIC 1493, in the case of Krishna Chandra Pallai Vs. Union of India & Anr. reported in 1992 LIC 2023 and in the case of Chandra Singh & Ors. Vs. State of Rajasthan & Anr. reported in 2003 (6) SCC 545 para-43.
Accordingly, this Court does not find any merit in all these writ applications and the same are dismissed without any cost.