LAWS(ALL)-2005-1-129

CHARAN SINGH Vs. MODI RUBBERLTD

Decided On January 25, 2005
CHARAN SINGH Appellant
V/S
MODI RUBBER LTD. Respondents

JUDGEMENT

(1.) -Heard counsel for the parties and perused the record.

(2.) THIS writ petition is preferred by the petitioners for quashing the award in Adjudication Case Nos. 170 of 85, 172 of 85, 174 of 85 and 244 of 85 passed by the labour court in leading Adjudication Case No. 172 of 85, Charan Singh and others v. Modi Rubber Ltd.

(3.) THE petitioners were drivers. It is alleged that they were not paid overtime for extra work done by them and therefore they wanted to form an association. A letter dated 16.8.1994 terminating the services of all the concerned workmen was issued by Sri J. L. Kaul, P.A. to the Vice President of the Company on his behalf. One of the orders terminating the services of the concerned workmen is reproduced below for appreciation of the controversy involved in the writ petition : "Modi Rubber Limited Date 16.8.84 Mr. Charan Singh, Driver, Transport Department. THE Management as a matter of policy of launching an economy drive and rationalizing overhead expenditure to let the industry remain economically viable............................ ................................................................................................................... .................................................................................................................... You will be paid one-month's wages in lieu of notice and the retrenchment compensation along with your other dues as per the law. You are, therefore, required to collect one month's wages in lieu of notice and your dues payable to you in accordance with the law in full and final settlement of your account from the cash office before 5.00 p.m. on or before 21.8.1984. for Modi Rubber Limited Sd. J. L. Kaul for and on behalf of Vice Chairman & Managing Director Modi Rubber Limited"