PERMANENT MAGNETS LIMITED vs MAHIPAT YADAV

LPA140-11 (19122025).DOC LAXMI SUBHASH SONTAKKE IN THE HIGH COURT OF JUDICATURE AT BOMBAY 1. This Letters Patent Appeal is filed by the Appellant being aggrieved by the Judgment and order dated 19th July 2010 (hereinafter referred to as ‘the impugned order’) passed by the learned Single Judge in Writ Petition No. 1828 of 2010 dismissing the Petition filed by the Appellant/Petitioner, thereby upholding the order passed by the Labour Court dated 1 st August 2009 which held that the respondent/workman was entitled to the benefit of his wages in adjudicating proceedings under Section 33C(2) of the Industrial Dispute Act, 1947. 2. Briefly the facts are as follows:- Laxmi LPA140-11 (19122025).DOC i. The Appellant (Org. Petitioner), being the employer, is inter-alia engaged in the manufacture and marketing of industrial magnets. On 20 th May 1987, the Respondent joined the employment of the Appellant/Petitioner-Company as a helper in its canteen. There were separate canteens for Supervisors, Executive and Managerial Staff (‘known as managerial canteen’) as well as for visitors (known as ‘Workers’ Canteen’). A separate set of workmen were engaged for these two separate canteens. The servic