RAIJIBHAI BHIKHABHAI PARMAR AND ORS Vs. RELIANCE INDUSTRIES LTD. (FORMERLY KNOWN AS INDIAN PETROCHEMICALS
Appeal: CIVIL APPEAL NO. 4603 OF 2016
Petitioner: RAIJIBHAI BHIKHABHAI PARMAR AND ORS
Respondent: RELIANCE INDUSTRIES LTD. (FORMERLY KNOWN AS INDIAN PETROCHEMICALS CORPORATION LTD.) AND ANR.
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Apr 29, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4603 OF 2016 (Arising out of SLP (C) No.11060 of 2016)
RAIJIBHAI BHIKHABHAI PARMAR AND ORS APPELLANTS
VERSUS
RELIANCE INDUSTRIES LTD. (FORMERLY KNOWN AS INDIAN PETROCHEMICALS CORPORATION LTD.) AND ANR. RESPONDENTS
J U D G M E N T
KURIAN, J.
1. Leave granted. 2. The limited grievance of the appellants is on the direction to deposit the amounts already received by them at the time of the alleged cessation of employment with the respondents as a pre-condition for the Labour Court to enter adjudication on the grievance raised by the employees.
3. Having heard Mr. R.P.Bhatt, learned senior counsel appearing for the appellants and Mr. C.U.Singh, learned senior Counsel appearing for the respondents, in the peculiar facts and circumstances of the case, we are of the view that the interest of justice would be advanced if the direction of the High Court to deposit the amounts already received by
appellants at the time of cessation, is partly modified. 4. Accordingly, we dispose of the appeal permitting the appellants to deposit 50% of the gross VRS amount (which does not include P.F. Gratuity, etc.) within a period of three months from today.
5. The Labour Court, Vadodara will decide the Reference within a period of three months from the date of deposit as above.
6. The appeal is disposed of as above. No costs.
…………….J. [KURIAN JOSEPH]
………………..J. [ROHINTON FALI NARIMAN] NEW DELHI; APRIL 29, 2016
CIVIL APPEAL NO. 4603 OF 2016 (Arising out of SLP (C) No.11060 of 2016)
RAIJIBHAI BHIKHABHAI PARMAR AND ORS APPELLANTS
VERSUS
RELIANCE INDUSTRIES LTD. (FORMERLY KNOWN AS INDIAN PETROCHEMICALS CORPORATION LTD.) AND ANR. RESPONDENTS
J U D G M E N T
KURIAN, J.
1. Leave granted. 2. The limited grievance of the appellants is on the direction to deposit the amounts already received by them at the time of the alleged cessation of employment with the respondents as a pre-condition for the Labour Court to enter adjudication on the grievance raised by the employees.
3. Having heard Mr. R.P.Bhatt, learned senior counsel appearing for the appellants and Mr. C.U.Singh, learned senior Counsel appearing for the respondents, in the peculiar facts and circumstances of the case, we are of the view that the interest of justice would be advanced if the direction of the High Court to deposit the amounts already received by
appellants at the time of cessation, is partly modified. 4. Accordingly, we dispose of the appeal permitting the appellants to deposit 50% of the gross VRS amount (which does not include P.F. Gratuity, etc.) within a period of three months from today.
5. The Labour Court, Vadodara will decide the Reference within a period of three months from the date of deposit as above.
6. The appeal is disposed of as above. No costs.
…………….J. [KURIAN JOSEPH]
………………..J. [ROHINTON FALI NARIMAN] NEW DELHI; APRIL 29, 2016