MANAGEMENT OF HINDUSTAN LEVER LTD Vs. STATE

JUDGEMENT

(1.) THE Management of Hindustan Lever Limited, a Company registered with the Registrar of Companies under the Companies Act, 1956, has filed this Writ Petition seeking issuance of a writ of certiorari for quashing the Labour Court, Jammu and Kashmir, Jammus Award of August 11, 2003 made in file no. 664/LC, whereby relying on its earlier Judgment and Award of February 28, 2003, delivered in file no. 654/LC, holding that the payment made by the petitioner - Company, to its workers, pursuant to their proceeding on voluntary retirement, was illegal and bad in law, and the workers were entitled to compensation equal to the highest, paid to similarly placed workers, on the basis of their status, length of service and Grade, it allowed respondent nos. 3 to 22s application filed under Section 33 -C(2) of the Industrial Disputes Act, 1947, appointing a Commissioner to assess the amount of additional compensation due to the respondents.

(2.) THE only point urged by the petitioner -Companys learned counsel, to question the Labour Courts Award, impugned in this petition, is that the Labour Court had erred in exercising adjudicatory jurisdiction in determining contentious issues, arising out of the respondents claim and the petitioner -Companys response thereto, which, according to the learned Senior Advocate, was beyond the jurisdiction of the Labour Court, seized of an application under Section 33 -C(2) of the Industrial Disputes Act, 1947, hereinafter to be referred as the "Act" for short. Reliance is placed by the learned counsel on Municipal Corporation of Delhi v. Ganesh Razak and anr. reported as 1995(1) SCC 235, Central Inland Water Transport Corporation Ltd. v. The workmen and anr. reported as AIR 1974 SC 1604, to support his submission.

(3.) MR . Sethi, appearing for the respondents -workers, on the other hand, submitted that action of the petitioner -Company, having been found unsustainable by the Labour Court, on facts proved before it, the Labour Court was within its jurisdiction to issue the impugned Award exercising jurisdiction under Section 33 -C(2) of the Act particularly when no contentious issue, inter se parties, survived for its adjudication, in view of the Labour Courts earlier verdict reflected in its Award made in file no.654/LC.