(1.) The relief sought for in this writ petition is to call for the records in respect of the order passed by the first respondent in Appeal No.2/2013 dated 28.2.2014, confirming the order of the second respondent in P.G. Case No.212/2011 dated 27.3.2013 and quash the same.
(2.) The writ petitioner is a Unit of the National Textile Corporation Limited, New Delhi. Through a Gazette Notification dated 4.7.2005, the petitioner was transformed as a company under the name of 'Swadeshee - Bharathee Textile Mill Ltd., Pondicherry'. The third respondent-workman had joined the petitioner-Mill on 1.4.1978 and voluntarily retired from service under the scheme on 4.5.2010. Before the retirement of the third respondent-workman, the workers of the writ petitioner-Mill were agitated for the enhancement of wages. In order to resolve the dispute between the management and the workers, the Government of Pondicherry appointed an One Man Committee headed by Justice N.V.Balasubramanian (Retd.) in order to fix the wages for the workers. An interim arrangement was made by the Government of Pondicherry and accordingly, an interim payment was paid to the employees. Thereafter, the One Man Committee submitted its report before the Government of Pondicherry. However, the said report had not been accepted by the management as well as by the workers. Thus, the negotiation between the management and the workmen continue for a prolonged period and finally a settlement was arrived between the management and the workers on 24.2011 and the settlement was given effect from 1.10.2010 only.
(3.) However, before the final settlement between the management and the workmen, the third respondent offered to go under the VRS scheme and allowed to retire from service on 4.5.2010. The petitioner calculated the wages which was drawn on the last day as per the Gratuity Act under Section 2(s) of the Payment of Gratuity Act, 1972. The third respondent workman received the gratuity amount with protest. Under these circumstances, the third respondent workman claimed the benefit based on the settlement arrived between the management and the workmen on 1.10.2010.