RAJESH KUMAR SAINI, S/O OF LATE SHRI CHAUHAL SINGH Vs. THE INDUSTRIAL TRIBUNAL & LABOUR COURT, JODHPUR

JUDGEMENT

(1.) The writ appellants lost the litigation before the Labour Court when vide award dated 13.09.2013 a finding of fact was returned that due to closure of the Company compensation envisaged by the ID Act, 19476 was tendered but refused to be received by the petitioners. Challenge to the award has failed before the learned Single Judge. The learned Single Judge has rightly held that the finding of fact returned by the Tribunal is based on evidence and Writ Court is not to re-appreciate the evidence.

(2.) In appeal, to bring the curtain down the contesting respondents offered to pay a sum of Rs. 5 lacs to the appellants provided the writ petitions were not pressed. Order dated 30th March, 2017 so records. It records that counsel for the appellants accepted the offer. Hearing was deferred for 7th April, 2017 so that the respondents could produce the cheques. On 7th April, 2017 the appellants back tracked and stated that the appellants were not interested in receiving the compensation and accordingly it was directed that the appeals be listed on 22nd May, 2017. On said date the counsel was changed. The appeals are now listed today.

(3.) Whereas learned counsel for the respondents still maintains the offer to pay appellants Rs. 5 lacs each upon the appellants withdrawing the writ petitions, but the appellants are not prepared to do so.