AGRA ELECTRIC SUPPLY COMPANY LIMITED AGRA Vs. WORKMEN

JUDGEMENT

(1.) These applications under Order 47 Rules 1 and 6 of the Supreme court Rules seek modification of the operative part of the judgment in the aforesaid appeals dated 11/01/1979, where this court said :

(2.) We are surprised and somewhat dismayed to notice that no one connected with the implementation of the award has given effect to it and it has remained unsatisfied. There has been some correspondence in the matter but six years of exercise in that behalf has not produced any result. Admittedly the appellant-company is now in liquidation and there is a Liquidator looking after that process. It is not disputed that the licensee-company has a contingency reserve fund. The correspondence shows that at one stage the State Government was requested to release the sum payable to the workmen from out of it for satisfaction of the award but the State government has sat over the matter all these years. We do not think that the matter can brook any further delay. We accordingly direct that the amounts due in terms of the award along with interest as fixed by this court in entirety shall be paid out of the contingency reserve fund within one month from today. The official liquidator shall ensure that this disbursement is made. A copy of our order shall be communicated to the Chief secretary of the State government for implementing the direction within the time. In case there be any accounting to be made on the footing that the contingency reserve fund is not available or adequate amounts are not available therein, the payment shall bemade out of the compensation and the payment of this amount shall be deemed to have been received by the Company. The State Government shall make a return to the Registry of this court within one week after the month to the effect that compliance has been made of this direction.

(3.) In the case of those workmen who have died, payment will have to be made to their heirs and the Labour Commissioner shall determine who the legal heirs arc. In the cases where heir ship has to be ascertained, the time for payment shall be two months in place of one month. Every authority concerned is directed to abide by the time schedule.