CHANDRAKANT GOVIND KOTKAR Vs. P K CHAVARE

JUDGEMENT

(1.) The Petitioner was serving with Respondent No. 1 as a watchman since 1980. The services of the Petitioner were terminated with effect from 23/07/1990. He raised an industrial dispute for his reinstatement and consequential benefits and, therefore, the Government was pleased to refer the matter to the Labour Court vide Reference (IDA) No. 568 of 1992. The Labour Court by an award dated 23/12/1996 directed that the Petitioner be reinstated with full back wages and with continuity of service with effect from 23/07/1990. The award was published by the State government on 12/02/1997.

(2.) After the award was published, it is alleged by the respondent No. 1 that there was a settlement between the parties on 17/02/1997 whereby the Petitioner gave up his right of reinstatement with full back-wages and that an amount Rs 15,000/- was paid by cheque alongwith cash amount of Rs 10,000/- in the presence of representative of the Petitioner Shri Lobo and the representative of the company and Shri Pathak, the advocate on behalf of the company. This fact, however is the main dispute which is subsequently agitated by both the parties up to this Court.

(3.) After the award was published on 12/02/1997, the petitioner sent a letter to the Respondent No. 1 on 04/03/1997 for implementation of the award. On 11/03/1997, Respondent No. 1 gave a reply to the said letter and stated that there was no question of implementation of the award as there was a settlement between the parties in the presence of the representative of the Petitioner and the company. Thereafter, on 21/03/1997, the Petitioner's advocate gave a reply to the letter of Respondent No. 1, denying that there was any settlement between the parties.