In the Order dated 9.5.2000 this Court while issuing numberice companyfined the question to be examined to whether the JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ Tribunal was justified in awarding back wages in favour of JJJJJJJJJJJJJ the workmen Mrs. Dhanpati Devi and Jai Bhagwan from the date of their respective appointments.
The Award was passed on determination of the question whether these workmen were rendering service for more than six hours in a week.
On the basis of the inspection report the Chart Ex.
M 1 and stated that the claim for rest of the money be dismissed.
Rest of the award does number call for any judicial review.
Khajani Devi 2.
In view of the above, the impugned award is set aside modified to the extent of the grant of 12 interest.
Parties shall bear their own companyts of the dispute.
The petitioner shall companyply with the modified award as above within eight weeks from today.
The Management Representative also agreed to this.
M 1 was filed by the management and the workmen union accepted the Chart Ex.
In view of this situation it is ordered that the payment according to the Chart Ex.
Sumitra Devi.
M 1 be made to the workmen and, their claim for rest of the amount points is dismissed.
From the facts numbered in the preceding paragraphs it is clear that the dispute regarding the claim of scale wages was decided by the Industrial Tribunal by the Award passed on 26th December, 1994.
Ramo Devi Smt.
Saroj 4.
Kamlesh Devi Smt.
Vinod 8 Smt.
Against the said order of the single Judge the appellant filed an appeal, L.P.A.No.483/1999 which was dismissed by JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ the Division Bench by Judgement Order dated 4.11.1999 JJJJJJJJJJJJJJJJJJJJ holding inter alia that from the papers on record it was clear that the respondents were putting in work for more than one hour per day, and therefore, they were rightly given the benefit by the Central Government Industrial Tribunal.
Dhanpati Sh.
Jai Bhagwan 6.Smt.
Chander Kala The Industrial Tribunal disposed of the case, D.No.38/91 by the Award dated 26th December, 1994, on the JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ following terms JJJJJJJJJJJJJJJJJ Both the parties had agreed for inspection of the site in order to ascertain the number of working hour.
The present appeal filed by the Bank is directed against the said Judgment Order.
The operative portion of the Order reads In view of the above, the impugned award does number call for any interference judicial review as far as merits of the award is companycerned under Article 226 of the Constitution of India except to the extent of the grant of 12 interest.
Feeling aggrieved by the Award the appellant filed C.W. No.2235/98 and C.M.No.3635/98 before the Delhi High Court which were disposed of by the single Judge by the Order dated 2.9.1999, companyfirming the Award with a modification regarding the award of interest.
P.MOHAPATRA, J. Leave granted.
LITTTTTTTJ The companytroversy raised in this appeal relates to the question whether certain part time sweepers serving under the Bank of Rajasthan Limited, appellant herein, are entitled to scale of wages or only fixed wages .
