(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The basis of the present petition is non-implementation of the award dated 28.4.2005 passed by the Labour Court in Reference (LCB) No.170/2000 and its confirmation thereof by this Court in the proceedings of Special Civil Application No.10265 of 2006 and No.10266 of 2006.
It appears that after the notice was issued by this Court, as stated in paragraph 4 of the affidavit-in-reply filed by Mr.Mahesh N. Patel, Manager of the respondent Company, since the factory was to be closed, all terminal benefits of Rs.93,140/- to the applicant No.1 and Rs.92461/- to the applicant No.2 have been paid. It has been further stated that as per the calculation of the respondent, towards arrears of the wages, each of the applicants would be entitled to Rs.1,34,013/-. It is further submitted that the unit has been closed and the respondent is facing financial crunch and, therefore, the arrears shall be paid in instalments of Rs.10,000/- each to both the applicants and the cheques of Rs.10,000/- for both the applicants are tendered to the learned Counsel for the applicant.
Whereas, Ms.Kamani for Mr.Pathak, learned Counsel states that the calculation made by the respondent towards arrears of backwages is not correct and, therefore, until the amount is fully paid as per the calculation of the applicants, contempt would continue and, therefore, this Court may take appropriate action against the respondent.
Mr.Patel, learned Counsel for the respondent further states that the respondent is ready to give an undertaking to this Court for making of payment of arrears of Rs.1,34,013/- to each of the applicants in instalments of Rs.10,000/- regularly.
It is an undisputed position that the unit is closed. The attempt is also made to make the payment of arrears by instalments of Rs.10,000/- each to both the workmen/applicants. Therefore, if the amount as calculated by the respondent towards arrears of backwages is paid, the present proceedings under the Contempt of Courts Act is not required to be continued further. If, as per the applicants, any amount remains unpaid, the remedy is available to the applicants to recover the amount by way of recovery application under Section 33(c)(2) of the Industrial Dispute Act.
Hence, the following orders:-
(a) The respondent shall file an undertaking to this Court within a period of two weeks from today that they shall pay the arrears of Rs.1,34,013/- to both the applicants separately, in instalments of Rs.10,000/- each until the full payment is made. As the cheque for the first instalment has already been handed over to the learned Counsel for the applicants, the next instalment shall become due on or before 10th October 2012. Such instalments shall become due accordingly on the 10th day of each subsequent month.
(b) The applicants shall be at liberty to file recovery application under Section 33(c)(2) of the I.D. Act in the event, as per the applicants, the amount of Rs.1,34,013/- is not equivalent to the arrears of wages. At that stage, the rights and contentions of the applicants as well as the respondent shall remain open.
(c) It is also observed that in the event there is any failure on the part of the respondent to pay the regular instalments of Rs.10,000/- as declared and undertaken before this Court until the total amount of Rs.1,34,013/- is paid to each of the applicants, it will be open to the applicants to move this Court for further action, including for breach of the undertaking.
The present application is disposed of in terms of the aforesaid directions.
(Jayant Patel, J.) (C. L. Soni, J.) vinod Top