SALIG RAM AND CO Vs. RADHEY SHYAM

JUDGEMENT

(1.) THE petitioner employer impugns the award dated 13th August, 2007 of the Industrial Adjudicator on the following reference:-

(2.) THOUGH the reference as aforesaid was made on a dispute raised by fourteen workmen but the claim before the Industrial Adjudicator was filed by seven workmen only and pursued by only five out of the said seven workmen namely Radhey Shyam, Ram Naresh, Binder Dev, Fikkan and Taj Mohammad. Sh. Sahib Hussain & Sh. Vakil Ahamad two of the seven workmen, during the pendency of the proceedings before the Industrial Adjudicator arrived at a settlement with the petitioner employer and recording payment of `39,976/- and `42,400/- by the petitioner employer to the said two workmen, the dispute qua them was finally disposed of and proceeded qua the claim of the remaining five workmen impleaded in this writ petition as respondents no.1 to 5.

(3.) THE Industrial Adjudicator has held that the works of the petitioner employer in which the respondent workmen were employed stood closed w.e.f. 30th June, 2000; that though the respondent workmen had stated that their resignations were taken forcibly but they were not able to show that they filed any complaint against the petitioner employer in this regard. On the basis of the material before him, the Industrial Adjudicator found that there was some sort of understanding whereby the petitioner employer was to pay full and final dues of the workmen against their resignations; that it was the admitted position that the settled amount was not paid by the petitioner employer even after obtaining the resignations; that the resignation letters were duly accepted by the petitioner employer; that after acceptance of the resignations, the same could not be withdrawn.