N.C. MAMMUTY Vs. ANDAMAN TIMBER INDUSTRIES LIMITED

JUDGEMENT

(1.) WIMCO Ltd. owned a large chunk of land where quarters were constructed to house its employees. The appellant was an Ex -Employee of WIMCO Ltd. He was allotted a quarter on the land in question, having survey No. 316. There had been litigation between the employees and the WIMCO on their dues. Many workers declined to vacate their quarters on the plea of non -payment of wages.

(2.) WIMCO had office and factory at Port Blair for manufacturing of match splints. The lands at Lillypur, Haddo were allotted by the Government in 1958. The appellant was a mazdoor in the Port Blair factory with effect from January 19, 1953, and was transferred to other cadre with effect from January 01, 1966 and on May 30, 1979, he was promoted to the post of Supervisor Grade -II and finally the Head Clerk on and from January 01, 1986.

(3.) THE Industrial Tribunal published its Award by notification dated June 21, 1991 against WIMCO. WIMCO filed a writ application before this Court, being C.O. No. 10282(W) of 1991. WIMCO, subsequently, entered into a compromise with the workmen and filed a compromise before the writ court. The terms of settlement entered into between the WIMCO and the workmen union on July 03, 1992 would, inter alia, record, the Union and the workmen agreed to confirm that after receipt of the full and final settlement of their accounts from the company, they would not raise any dispute in any Forum either collectively or individually. The terms of settlement also recorded, the employees, who were occupying company quarters, would be paid their dues as per the settlement only after giving vacant possession of the quarters. It is an admitted position, the appellant received the money and declined to vacate the quarter. The appellant's name appeared in the signatories to the said terms of settlement, as I find from the evidence.