RAM BADAN Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) The Appellant impugns order dated 26th May, 2006 passed by the Official Liquidator partly rejecting the claim of the Appellant and directing payment of Rs. 1,54,630/- towards back wages. The Official Liquidator has held that the total salary payable to the Appellant upto September, 1988 was Rs. 3,20,687.50 and 44.57% of the said amount amounting to Rs. 1,54,630/- is payable.

(2.) The two contentions have been raised in the present appeal. The Appellant was appointed as Rotary Operator with effect from 22nd November, 1985 but his services were terminated with effect from 4th August, 1988. By award dated 7th October, 1998, Labour Court, Faridabad has held that termination of the Appellant was illegal and the same was set aside and it was directed that the Appellant will be paid full back wages. Accordingly, full back wages are payable and the Official Liquidator has wrongly restricted payment to Rs. 1,54,630/. Secondly, it is submitted that the order dated 30th March, 2006 records that the ex-management had agreed to pay shortfall, if any, in respect of workers and, therefore, full payment should be made.

(3.) It is not possible to accept both the contentions. By order dated 27th September, 2005 passed in Company Petition No. 125/2000 and Company Application Nos. 884 and 1173/2005 it was directed that the workers will be paid salary upto September, 1998 and not thereafter. This order was passed after noticing the provisions of the Industrial Disputes Act, 1947 and the fact that the factory had closed down on 8th February, 1998. The said order was passed in the presence of Mr. P. Jauhar, Advocate, who is also the counsel for the Appellant herein. The effect of the award dated 7th October, 1998 is that the Appellant continued as a worker in spite of illegal termination with effect from 4th August, 1988. He would be accordingly entitled to wages upto September, 1998 but not thereafter. The Appellant is not on a better footing or in a better position than other workers, who had in fact worked and had stopped working after the factory had closed down in February, 1998. The Official Liquidator has accordingly rightly calculated and computed the wages payable to the Appellant upto September, 1998 and not thereafter. The said amount has been quantified as Rs. 3,20,687.50. About this figure, there is no dispute and challenge.