RPG CABLES LIMITED Vs. ROSHAN A SUJAN

JUDGEMENT

(1.) THE petitioner company is aggrieved by the impugned order passed by the 7th Labour Court on 1st November, 1999 in an application filed by the respondent workman under section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), claiming certain money due from the petitioner company.

(2.) IT appears that the respondent workman was terminated from employment with effect from 26th May, 1989. A complaint challenging the aforesaid order of termination as unfair labour practice under Item 9 of Schedule IV of the M. R. T. U. and PULP Act, 1971 is still pending. It appears that the Industrial Court had passed an ad interim order on 4th May 1989 before the termination order could take effect, restraining the petitioner company from terminating the service of the respondent. It appears that the said complaint was dismissed on 29th September 1995 before the Industrial Court. It further appears that the respondent challenged the order of termination before the Labour Court under Item 1 of Schedule IV of the M. R. T. U and PULP Act. It further appears that the ad interim order dated 3rd October, 1989 was modified in terms of the settlement dated 6th October, 1989 filed before the Labour Court in Complaint ULP No. 214 of 1999. The terms of the settlement are reproduced hereinbelow :--

(3.) I may mention here that I have doubly ascertained from Shri Cama, the learned Counsel for the respondent as to whether she has received the wages in accordance with the settlement. Shri Rele, the learned Senior Counsel for the petitioner has emphatically stated that the petitioner company has made the payment till date strictly in accordance with the settlement and that nothing is due and payable. According to Shri Rele the following payments have been made in accordance with the settlement :--<FRM>JUDGEMENT_765_BCR3_2002Html1.htm</FRM>