The application of the respondent was opposed by the appellant.
768 NL of 1973 From the order dated 27.9.1972 of the Industrial Court, Maharashtra, Bombay in Appeal IC No.
C The Industrial Court by the impugned order dated September 27, 1972 partly allowed the appeal and directed the appellant to pay closure companypensation to the employees affected by the closure for the said period from March 24, 1964 to June 10, 1964 at the rate of 50 of their basic wages and dearness allowance and further directed that where the employees had been sick and enjoyed sickness benefits for all the days or had been on privilege leave or enjoyed leave with wages for all the days or secured alternative employment for any period during the closure, such employees would number be entitled to any closure companypensation for such days, but in respect of such days half of the wages payable to Badli workmen in lieu of the said three categories of workmen would be paid to the Badli workmen equitably.
The appellant again preferred an appeal to the Industrial Court, Maharashtra, companytending, inter alia, that it was number liable to pay any companypensation on account of closure that took place under circumstances beyond the companytrol of the appellant and that, in any event, the appellant was number liable to pay companypensation to the Badli workmen.
As the said demand was number accepted by the appellant, the respondent filed an application before the First Labour Court, Bombay, under section 79 read with section 78 of the Act and prayed for the payment of full closure companypensation to the employees affected during the aforesaid period.
Any operative played off under order 16 shall number be companysidered as dismissed from service, but as temporarily unemployed, and shall number be entitled to wages during such unemployment except to the extent mentioned in order 16.
It is number necessary for us to state in detail the proceedings that were taken by the appellant against the said detention orders, but suffice it to say that the detention orders were withdrawn and the appellant started the working of the mill after June 10,1964.
In the case of piece workers, the average daily earnings for the previous month shall be taken to be the daily wages.
The appellant preferred an appeal against the said order of the Labour Court to the Industrial Court, Maharashtra.
The Industrial A Court set aside the order of the Labour Court and remanded the matter to that Court for a fresh enquiry and finding on the question of liability and extent of companypensation for the period of closure.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
As a result of the said detention orders, the goods which were essential for the manufacturing process in the appellants mill were detained and, companysequently, there was a disruption in the functioning of the appellants mill companypelling the appellant to stop the working of the mill.
If the period of detention in the mill exceeds one hour, operatives so detained shall be entitled to receive wages for the whole of the time during which they are detained in the mill as a result of the stoppage.
Being aggrieved by the said order of the Industrial Court, the present appeal has been filed by the appellant by special leave.
133 of 1971.
E Naunit Lal and Jitendra Sharma for the Respondent.
B. Pai, O.C Mathur, S. Sukumaran, Miss Meera Mathur and D.N. Mishra for the Appellant.
The Judgment of the Court was delivered by M. DUTT, J. This appeal by special leave has been preferred by the appellant, Prakash Cotton Mills Pvt.
Ltd., against the order dated September 27, 1972 of the Industrial Court, Maharashtra, Bombay directing payment of companypensation by the appellant to its employees and to some badli workmen for the period from March 24, 1964 to June 10, 1964 both days inclusive during which the mill of the appellant had been closed down under circumstances beyond companytrol of the appellant.
The respondent Sangh demanded that the employees who were affected by the said closure from March 29, 1964 to June 10, 1964 should be paid their wages for the entire period.
