Neutral Citation No. - 2025:AHC-LKO:9278 Court No. - 7 Case :- WRIT - C No. - 1040 of 2025 Petitioner :- M/S I.T.I. Limited Durbhash Nagar Raebareli Thru. Unit Head/Agm Rajiv Kumar Srivastava Respondent :- Presiding Officer Labour Court U.P. Lko. And Another Counsel for Petitioner :- Nidhi Singh Counsel for Respondent :- C.S.C.,Suresh Chandra Mishra Hon'ble Pankaj Bhatia,J. 1. Supplementary affidavit filed by learned counsel for the petitioner today in the Court is taken on record. 2. Heard learned for the petitioner and Shri Suresh Chandra Mishra, learned counsel for respondent No.2. 3. The present writ petition has been filed challenging an order dated 23.12.2024, whereby the wages payable to respondent No.2 were calculated in terms of the directions issued by this Court in Writ-C No.24021 of 2020. 4. The facts, in brief, are that respondent No.2 was under employment and after his removal, a dispute was raised, which resulted in culmination of an order passed in Writ-C No.24021 of 2020, whereby the award was modified only to the extent that instead of 60% back wages awarded through the award, the same was reduced to 50% and the matter was remanded for recalculation of the amount payable to respondent No.2 in terms of the final directions given in Writ-C No.24021 of 2020. Based upon the said, a chart was filed by respondent No.2 claiming the benefit of wages as well as wage revision from time to time and a chart was also given. Respondent No.2 claimed that he would be entitled to the benefit given through wage revision notifications issued on 06.01.1984, 22.07.1989, 10.04.1995 and 31.12.1996. The petitioner did not controvert the said assertion by filing any material whatsoever. The order also records that the petitioner was given opportunity to controvert the same by producing the correct documents. However, the said opportunity was not availed by the petitioner. Thus, based upon the material before it, the Labour Court assessed the amount payable to respondent No.2 @ Rs.16,17,279.90/-. Out of which, an amount of Rs.10,80,817.50/- had already been paid to respondent No.2 and the balance amount payable was quantified at Rs.5,36,462/-. Challenging the said order, the present writ petition has been filed. 5. Learned counsel for the petitioner argues that a review application has been filed seeking review of the judgement passed in Writ-C No.24021 of 2020. However, she fairly states that there is no stay order operating so far and review application is still pending. As regards the quantum payable to respondent No.2, a supplementary affidavit has been filed today stating that the amount entitled to respondent No.2 has been revisited and recalculated and in terms of the said recalculation, the amount payable to respondent No.2 would work out to Rs.24,79,836/- and 50% of the said amount would work out to Rs.12,39,918/-. Out of which, Rs.10 lacs has already been paid to respondent No.2. 6. In the entire writ petition or supplementary affidavit, no assertion that the wage revision notifications as claimed by the petitioner and relied upon by the Labour Court are not applicable to respondent No.2. The supplementary affidavit also does not indicate the notifications based upon which the said chart has been prepared. 7. Considering the fact that the petitioner did not avail the opportunity available to him before proceedings in the Labour Court and there is no contravention in the writ petition or in the supplementary affidavit with regard to the non-applicability of the said wage revision notifications, no error can be found in the decision making process by the Labour Court in quantifying the amount payable to respondent No.2, warranting interference under Article 226 of the Constitution of India. 8. Accordingly, the writ petition is dismissed. 9. The amount as determined by the Labour Court shall be paid to respondent No.2 out of the attached amount lying with the Labour Court and the balance amount shall be returned to the petitioner in accordance with law. Order Date :- 13.2.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench