LAWS(KAR)-2023-2-548

HIMALAYA DRUG COMPANY Vs. REGIONAL PROVIDENT

Decided On February 13, 2023
HIMALAYA DRUG COMPANY Appellant
V/S
REGIONAL PROVIDENT Respondents

JUDGEMENT

(1.) The present writ petition is filed seeking for the following reliefs:

(2.) It is the case of the petitioner that respondent Nos. 3 to 14 were its employees and were transferred from Bengaluru to Dehradun on 8/7/2005 and relieved them from the Bengaluru factory complex. The said transfer was challenged and a dispute was raised before the Labour Court. The Labour Court vide its award, ordered for reinstatement of the said Workmen with back wages. Being aggrieved, the petitioner filed writ petitions before this Court challenging the award passed by the Labour Court. This Court granted stay of the award passed by the Labour Court subject to payment of wages as per sec. 17B of the Industrial Disputes Act, 1947 (for short 'ID Act'). During pendency of the writ petitions, the petitioner-company and the Workmen settled the disputes amongst themselves and filed a Joint Memo setting out the terms of settlement. This Court vide its order dtd. 24/8/2011 took on record the said Joint Memo and disposed off the writ petitions by modifying the award of the Labour Court in terms of the Joint Memo.

(3.) Under the terms of Joint Memo, the Workmen received an ex-gratia amount of Rs.7,00,000.00 - and resigned from the services of the petitioner-company and received the said sum of Rs.7,00,000.00 as ex-gratia in consideration of all the claims to wages and all other benefits for the period from the date of transfer till the date of resignation.