Full and Final Settlement of Workman on Closing of Company: Court considered prolonged litigation and offered higher amount against commonly decided amount to workman
Civil Appeal No. 4856 of 2016
Bench: Justice Kurian Joseph; Justice Rohinton Fali Nariman
Case Brief: In the present matter, the disputes had been taken place due the termination of the service of respondent by the appellant- company. In the facts of the present case, in the year 2014, the appellant- company had been closed down and due to this the services of the employees and workers in the said appellant- company were terminated, including the service of the present Respondent which was also terminated. It is notable that the said Respondent had initiated proceedings before the Labour Court against the Appellant- company in connection with the said termination and dues with the Appellant- company. Before the learned Labour Court, the Respondent here had succeeded and when the matter brought before the High Court, the respondent here against got victory in his favour. Now, the appeal is brought before this bench. The present bench, after considering the facts and circumstances in the present case, against decided to favour the respondent.
Moreover, the bench here, decided to allow the respondent to get the amount of Rs. 7 lakh against the dues, as fair suggestion for purchasing peace between the parties by way of making such payment. However, when such decision is informed to the appellant’s representing learned counsel, then the said counsel submitted that in the case of all other workers, the dues have been settled for an amount of around four lakh rupees. But, this bench observed that the present respondent- workman had earlier succeeded before the learned Labour Court and also before the High Court concerned, and also noted the prolonged litigation, as such, considering the major time lapse, the present bench found it is in the interest of justice, if the amount of Seven lakh rupees will be paid to the Respondent- workman. As such, the Appellant- company is directed to pay the said amount of Seven lakh rupees to the Respondent- Workman in the given period of two months from the date of passing of this decision, in full and final settlement of all his claims. However, the bench also made it clear that the present decision is passed in the facts and circumstances of this case only and as such it should not be taken as precedent for other similar matter. As such, the appeal is disposed of.
Read the Judgement: M/S Universal Glass (A Div.Of Jagajit Ind. Ltd) Vs. Harpal Singh