SARABHAI PIRAMAL PHARMACEUTICALS LTD. Vs. V. ANTHONY

JUDGEMENT

(1.) The petitioners have filed the present petition being aggrieved by the awards dated 19.12.2002 Annexure-P/7 and 18.03.2009 Annexure-P/16 passed by the Labour Court, Jabalpur.

(2.) The facts of the case in short areas under.

(3.) The respondent approached the Labour Court, Jablapur by way of application under Section 33(c) (2) of Industrial Disputes Act claiming the amount of Rs. 1,74,840/- from the present petitioners. According to him, he was appointed as a Sales Representative by the present petitioners on 09.08.1982 and he submitted his resignation on 08.01.1991. The petitioners' establishment is covered under the definition of industries of Industrial Dispute Act, 1947. The respondent comes under the category of workman under the Sales Promotion Employes (Conditions of Service) Act, 1976. After getting the service he was not paid the entire benefits. He claimed the wages from February 1991 to 8th April 1991 i.e. Rs. 12047/-. He also claimed the monitory benefits under various heads like arrears of salary, gratuity, special leave allowance, incentive etc. to the tune of Rs.1,74,840/. After receipt of summons the petitioners appear before the Labour Court and filed a written statement raising an objection that the respondent was appointed on 09.08.1982, thereafter, he was promoted to the post of Regional Manager, which is a supervisory post and thereafter he resigned from the company on 08.04.1991. He was appointed by the M/s Ambabhai Sarabhai Enterprises (ASE) not by the present petitioners. On the basis of pleadings, the Labour Court framed four issues for adjudication. The present petitioners were proceeded exparte on 07.11.2001 and thereafter the respondent recorded his evidence and on the basis of the material available on record vide award dated 19.12.2002 the Labour Court has passed the award in favour of the respondent directing the present petitioners to pay the amount of Rs. 2871/- under the head of exchange from the month of March 1991, Rs.38777/- under the head of unprivileged leave and Rs. 90,000/- under the incentive. The aforesaid amounts have been awarded on the basis of the admission made by the present petitioners.