Shimla, Feb 2
Employees of 108 &102 National Ambulance Service who were seeking revision of their wage under the minimum wages act got a major relief from the CJM Court here on Jan 30, 2021. Around 750 employees of GVK -EMRI company were being denied the same.
Chief Judicial Magististerate Dr Parvinder Singh Arora passed a 53 paged order in favour of 108 & 102 Ambulance Union who had challenged the action of GVK -EMRI to deny them their wage fixation under the act.
Pronouncing the order in the open court on Jan 30, 2021 CJM (acting minimum wage court) justice Arora addressed all seven (matter of dispute) issues raised by the counsel allowing the petition with cost in favour of the petitioners.
The court order stated that the workers of petitioner union are held entitled for differential amount of minimum wages and overtime from respondent that is ” GVK -EMRI” with effect from 1st of May 2015 and as calculated in the annexure … however with regard to the period of their employment with respondent (GVK EMRI) on case to case basis.
The court also fixed the award of arrears (differential amount) tuned to Rs 347116.84 to a EMT (108) worker for six years period , Rs 360916.84 to a Pilot ( 108) and Rs 3,95320. 84 for a Captain (102) under this order.
” It is made clear that the amount paid to workers petitioner union as interim relief in view of directions of Himachal High Court shall be adjusted while calculating arrears on account of differential amount” .
Court further held that keeping in view the fact and circumstances of cases especially the stand of the respondent .. that it is not covered under minimum wage Act, I deem to expedient in the interest of justice to award compensation to each of the workers at rate of Ten percent of the differential amount .
The GVK EMRI (respondent no-1) directed to pay a differential amount along with compensation to the workers of the petitioner union within a period of two months from date of this order the case file after due completion be consigned to the record room .
Chairman of 108 & 102 ambulance service union Puran Chand addressed a press conference here today hailing the court order and verdict in favour of those employed under three categories.
He said that eight employees union leaders who were terminated by the GVK-EMRI also moved in the labour court to quash their termination after they proceed to seek legal course to seek the revision of their wage fixation under the sec 20 &21 of Minimum wage Act 1948.
The petitioner also sought damages and cost of litigation amounting to Rs one lakh which is allowed by the court, he added.