MANAGEMENT OF DEKHAMI TEA ESTATE Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ application has been filed challenging the legality and validity of the award dated 4.12.95 passed by the Labour Court, Dibrugarh in Misc. Case No. 5 of 1993. That was a claim under Section 33(C) of the Industrial Disputes Act, 1947 and the Labour Court passed an award for an amount of Rs. 74,588.50 together with interest @ 12% p.m. from the date of filing the petition till the realisation alontgwith legal expenses costing Rs. 500/-. Earlier there was a settlement/agreement between the Management of the Tea Estate and Assam Chah Karmachari Sangtha wherein the Pension benefits for Clerical, Medical and Artisan Staff was referred to, and that agreement was on 15.8.70 and that agreement was in the field when the application was filed before the labour Court . The term of settlement provides for pension, and how pension is to be computed are there in detail in the particular settlement. The management gave pension to the workmen petitioner for few months after his retirement and thereafter the payment of pension was stopped on the ground that the workmen was responsible for making excess payment to the labourers. But Sri Bamah, Learned Advocate for the petitioner failed to satisfy me as to why the payment of pension was stopped in such a manner and no enquiry was also held to come to the finding that the workmen was responsible for such excess payment as alleged by the Management. So, the whale approach of the Management was violative of principle of natural justice.

(2.) On pension being stopped an application was filed by the workmen before the Labour Court on 5th August, 1993 claiming the pension and other benefits. The first claim made was regarding gratuity but later on that was amended by filing an application claiming pension. The management filed its objection contending inter alia as follows :

(3.) That Labour Court inter alia found as follows :