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2014 (2) TMI 1431 - HC - Indian LawsEntitlement for payment of full wages - Whether, in the absence of any specific provision in the Regulations, 1963 of the Corporation specifying put off duty as an interim measure pending departmental proceedings, the workman is entitled to payment of full wages or whether the said put off duty can be treated as suspension pending enquiry as in the case of the regular workman of the Corporation? HELD THAT:- When the subsequent co-equal bench renders the judgment in ignorance of the earlier pronouncement of co-equal bench, the judgment of the previous bench will have binding effect. On the other hand, if the latter bench refers to the earlier one and distinguishes it, to that extent of distinction, the latter one binds. The put off duty cannot be equated with suspension and in the absence of any statutory support from the Regulations, 1963, it shall be treated as absence of the workman induced by compulsive proscription on the part of the 2nd respondent Corporation, which, in fact, denied him an opportunity to work during the said period. The petitioner - in the light of the submissions of the 2nd respondent Corporation that already 50% of the wages have been paid - shall be entitled to the remaining 50% of the wages for the put off duty period with effect from 03.05.2002 to 27.03.2003. Accordingly, the 2nd respondent Corporation is hereby directed to pay the said differential amount of 50% for the put off duty period, as early as possible, at any rate, not beyond two months' time from the date of receipt of a copy of this order. Petition allowed.
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