LAWS(P&H)-2013-4-360

GOPAL SINGH Vs. BANWARI LAL AND ANOTHER

Decided On April 01, 2013
GOPAL SINGH Appellant
V/S
Banwari Lal And Another Respondents

JUDGEMENT

(1.) This petition arises out of a claim for payment of arrears of salary under Section 33 C (2) of the Industrial Disputes Act, 1947 (for short "the Act"). The claim for arrears of salary arose out of employment given by the respondent-Company to the respondent after his retirement on reaching the age of superannuation in 1999.

(2.) The petitioner complained before the Labour Court that he was employed by a verbal order though under an advertisement dated 27.12.1998 to look after Medicinal Plants in the residence of the Managing Director of the respondent-Company. He was paid salary for four months whereafter no salary was paid till termination of service on 30.04.2000. The petitioner has not agitated his oral termination in any Court further to the demand notice and the conciliation proceedings and submission of the failure report.

(3.) Mr. Bal could not dispute that the petitioner had received certain amounts in full and final settlement of his account after he was employed as a retiree. Those amounts were received by him without demur. The receipt showing payment of full and final dues on 22.06.2000 is Ex.RW1/1.