KUNWAR UDAI RAJ SINGH GAUTAM Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) -Heard Shri Satish Chaturvedi for M/s. BPL Display Devices Limited, A-41, 42/1, Site-IV, Industrial Area, Sahibabad, District Ghaziabad and Shri Y. K. Sinha for the workmen.

(2.) THE Writ Petition No. 43422 of 2006 arises out of an application filed by Kunwar Udai Raj Singh Gautam, the petitioner as Payment of Gratuity Act Case No. 47 of 2002 for payment of gratuity from M/s. Uptron Colour Picture Tube Ltd. for the period prior to the date when lock out was declared in the factory and consequential termination of his services on 30.11.1994. He claimed Rs. 5,35,501 towards gratuity for the period of service of 7 years 8 months on the last drawn wages of Rs. 7692. A written statement was filed by M/s. BPL Display Devices Ltd. (former name M/s. Uptron Colour Picture Tube Ltd.) with the objections that applicant was the employee of Uptron Colour Picture Tube Ltd., which was taken over by M/s. BPL Display Devices Ltd. in terms of the rehabilitation scheme sanctioned by the Board of Industrial Finance and Reconstruction (BIFR) by its order dated 18.4.1996. THE name of the company was changed in the meeting dated 29.9.1997. THE Registrar of Companies, U. P. Kanpur changed the name of the company w.e.f. 23.3.1998. As per the terms of rehabilitation scheme, M/s. BPL display Devices Ltd. is not responsible for dues of the employees of the erstwhile Uptron Colour Picture Tube Ltd. On merit it was stated in para 5 that the workmen was employed only upto 19.9.1994. THEre was lock out in the factory w.e.f. 10.9.1994, which was lifted on 20.6.1996 after a settlement with the Union, which became part of the award dated 24.9.1997 in Adjudication Case No. 171 of 1996 by labour court-I, Ghaziabad. As per the settlement the workers are not entitled to gratuity for the period earlier to the settlement.

(3.) IN Writ Petition No. 43430 of 2006, Shri Kishore Kumar Hazara filed Payment of Gratuity Act Case No. 68 of 2000 before the Controlling Authority for payment of gratuity of Rs. 23,415 from M/s. Uptron Colour Picture Tube Ltd. on the same fact and circumstances with service period of 7 years 5 months and 9 days, on the last drawn salary of Rs. 5798 on the date of lock out on 10.9.1994 when his services were terminated. Shri Pankaj Kumar, the Controlling Authority awarded the gratuity by his order dated 31.1.2005 with 6% interest from the date is due. The appellate authority allowed the Appeal No. 42 of 2005 filed by M/s. BPL Display Devices Ltd. on the same reasoning as in the case of Kunwar Udai Raj Singh Gautam. Aggrieved the workman has filed the writ petition.