M/s. Agra Electric Supply Co. Ltd., Agra Vs. Its Workmen
EmailAppeal: Civil Misc. Petition Nos. 38050 & 38051 of 1982.
IN
Civil Appeal Nos. 1921 & 1922 of 1973.
IN
Civil Appeal Nos. 1921 & 1922 of 1973.
Petitioner: M/s. Agra Electric Supply Co. Ltd., Agra
Respondent: Its Workmen
Apeal: Civil Misc. Petition Nos. 38050 & 38051 of 1982.
IN
Civil Appeal Nos. 1921 & 1922 of 1973.
IN
Civil Appeal Nos. 1921 & 1922 of 1973.
Judges: R.S.PATHAK, CJI . & RANGANATH MISHRA , J.
Date of Judgment: Jul 14, 1987
Head Note:
INDUSTRIAL AND LABOUR LAW
Supreme Court Rules, 0.47 Rr. 1 and 6 – Modification of the operative part of the Court’s judgment dated 11-1-1979 – Award in respect of payment of gratuity to 32 workmen was upheld by the Court 8 years back – implementation of award remained unsatisfied – Amounts due in terms of the award along with interest as fixed by the Court in entirety directed to be paid out of the contingency reserve fund within one month.
JUDGEMENT:
O R D E R
1. These applications under Order 47 Rules 1 & 6 of the Supreme Court Rules seek modification of the operative part of the judgment in the aforesaid appeals dated January 11, 1979, where this Court said:-
“It has been pointed out to us by Shri B.Sen that while the electrical undertaking in which those workmen are employed has been taken over by the Government, the State has not yet paid any compensation to the appellant. When seeking recovery of the gratuity amounts directed under the award the authority concerned will first proceed to collect it from out of the compensation payable, and only if it becomes difficult so to do it will proceed against the other assets of the appellant.
The interest payable in terms of the earlier order of this Court, namely, 6 per cent on the amount of gratuity will stand.
In this view we dismiss the appeals with costs.”
2. The Industrial Tribunal upon a reference made by the appropriate Government relating to the dispute of the claim of retired benefits of 32 workmen gratuity in particular gave the award on 18th April, 1973, fixing the amount of gratuity. The two civil appeals had been directed against the award and the award was upheld by this Court by dismissal of the appeals. 14 years have rolled by since the award was made and more than 8 years have passed since the award was affirmed by this Court; yet the benefit under the award has not yet been made available to the workmen. Some of the workmen out of 32 have in the meantime died leaving behind the destitute legal representatives looking for receipt of the benefits under the award. In these circumstances the respondents-workmen have made these applications for appropriate directions to make it possible for them to avail the benefits given under the award.
3. We are surprised and somewhat dismayed to notice that no one connected with the implementation of the award has given effect to it and it has remained unsatisfied. There has been some correspondence in the matter but six years of exercise in that behalf has not produced any result. Admittedly the appellant-company is now in liquidation and there is a liquidator looking after that process. It is not disputed that the licensee-company shows that at one stage the State Government was requested to release the sum payable to the workmen from out of it for satisfaction of the award but the State Government has sat over the matter all these years. We do not think that the matter can brook any further delay. We accordingly direct that the amounts due in terms of the award along with interest as fixed by this Court in entirety shall be paid out of the contingency reserve fund within one month from today. The official liquidator shall ensure that this disbursement is made. A copy of our order shall be communicated to the Chief Secretary of the State Government for implementing the direction within the time. In case there be any accounting to be made on the footing that the contingency reserve fund is not available or adequate amounts are not available therein, the payment shall be made out of the compensation and the payment of this amount shall be deemed to have been received by the Company. The State Government shall make a return to the Registry of this Court within one week after the month to the effect that compliance has been made of this direction.
4. In the case to those workmen who have died, payment will have to be made to their heirs and the Labour Commissioner shall determine who the legal heirs are. In the cases where heirship has to be ascertained, the time for payment shall be two months in place of one month. Every authority concerned is directed to abide by the time schedule.
Petition allowed.
1. These applications under Order 47 Rules 1 & 6 of the Supreme Court Rules seek modification of the operative part of the judgment in the aforesaid appeals dated January 11, 1979, where this Court said:-
“It has been pointed out to us by Shri B.Sen that while the electrical undertaking in which those workmen are employed has been taken over by the Government, the State has not yet paid any compensation to the appellant. When seeking recovery of the gratuity amounts directed under the award the authority concerned will first proceed to collect it from out of the compensation payable, and only if it becomes difficult so to do it will proceed against the other assets of the appellant.
The interest payable in terms of the earlier order of this Court, namely, 6 per cent on the amount of gratuity will stand.
In this view we dismiss the appeals with costs.”
2. The Industrial Tribunal upon a reference made by the appropriate Government relating to the dispute of the claim of retired benefits of 32 workmen gratuity in particular gave the award on 18th April, 1973, fixing the amount of gratuity. The two civil appeals had been directed against the award and the award was upheld by this Court by dismissal of the appeals. 14 years have rolled by since the award was made and more than 8 years have passed since the award was affirmed by this Court; yet the benefit under the award has not yet been made available to the workmen. Some of the workmen out of 32 have in the meantime died leaving behind the destitute legal representatives looking for receipt of the benefits under the award. In these circumstances the respondents-workmen have made these applications for appropriate directions to make it possible for them to avail the benefits given under the award.
3. We are surprised and somewhat dismayed to notice that no one connected with the implementation of the award has given effect to it and it has remained unsatisfied. There has been some correspondence in the matter but six years of exercise in that behalf has not produced any result. Admittedly the appellant-company is now in liquidation and there is a liquidator looking after that process. It is not disputed that the licensee-company shows that at one stage the State Government was requested to release the sum payable to the workmen from out of it for satisfaction of the award but the State Government has sat over the matter all these years. We do not think that the matter can brook any further delay. We accordingly direct that the amounts due in terms of the award along with interest as fixed by this Court in entirety shall be paid out of the contingency reserve fund within one month from today. The official liquidator shall ensure that this disbursement is made. A copy of our order shall be communicated to the Chief Secretary of the State Government for implementing the direction within the time. In case there be any accounting to be made on the footing that the contingency reserve fund is not available or adequate amounts are not available therein, the payment shall be made out of the compensation and the payment of this amount shall be deemed to have been received by the Company. The State Government shall make a return to the Registry of this Court within one week after the month to the effect that compliance has been made of this direction.
4. In the case to those workmen who have died, payment will have to be made to their heirs and the Labour Commissioner shall determine who the legal heirs are. In the cases where heirship has to be ascertained, the time for payment shall be two months in place of one month. Every authority concerned is directed to abide by the time schedule.
Petition allowed.
