1. By way of these petitions, the order dated 30.10.2002 passed by the Labour Court, Rajkot in Ref. LCR No.583/1989 has been challenged, whereby the Labour Court has directed the petitioner-company to pay 75% back wages to the respondent.
2. The short facts as per the petitions are as under:
2.1 That on 13.07.1985, the respondent applied for the post of Area Manager for Saurashtra region and he was selected for Area Manager. On 05.11.1985, the respondent was given the appointment letter.
2.2 On 04.06.1986, the respondent tendered the letter regarding his resignation and the same was accepted by the petitioner company w.e.f. 30.11.1986. Thereafter, the respondent wrote a letter to the petitioner-company regarding the PF account and also claimed to refund his PF contribution.
2.3 On 17.09.1987, the petitioner-company wrote a letter to the respondent giving statement of account and requested the respondent to sign the same by way of acceptance. On 22.09.1987, the respondent wrote a letter to the petitioner-company regarding withdrawal of his contribution of Provident Fund Deposit.
2.4 That on 28.09.1987, the petitioner company wrote a letter to the respondent that the application addressed to the trustees of the provident fund is being processed and a draft on account of his provident fund settlement will also be sent along with his other draft of Rs.3,369.70.
2.5 That on 30.11.1987, the petitioner company wrote a letter to the respondent requesting to return the duplicate of the settlement duly accepted and signed by him.
2.6 Thereafter, the respondent despite having resigned from the petitioner company lodged a complaint before the Asst. Labour Commissioner which was ultimately referred to the Labour Court. After hearing the parties, the Labour Court allowed the reference.
3. Shri P.S. Gogia, learned advocate for the petitioner-company has submitted that the Labour Court has not properly considered the material and evidence placed before it. The order passed by the Labour Court is illegal and contrary to the provisions of law and therefore, the order is required to be quashed and set aside.
4. Mr. N.V. Gandhi, learned advocate for the respondent has submitted that the remaining 25% back wages may be granted to the respondent.
5. Heard learned advocates of both the sides. Pursuant to the order of this Court, the amount of Rs. 50,000/- has already been paid to the respondent and the additional amount of Rs.80,000/- will be the lump- sum compensation. Thus, the respondent will be entitled to the additional amount of Rs.80,000/- over and above the amount of Rs.50,000/- already paid to the respondent. The said amount of Rs.80,000/- has also been deposited with this Court, for which a cheque be issued in favour of the respondent-Madhukar Pritamlal Buch. The interest amount will be given to the petitioner-Alcon Pharmaceuticals P. Ltd. Thus, the order of Labour Court is substituted as under:
The amount of Rs.50,000/- has already been paid to the respondent and a cheque for Rs.80,000/-will be issued in favour of the respondent. Thus, the total amount of Rs.1,30,000/- shall be paid to the respondent. The interest amount will be given to the petitioner-Alcon Pharmaceuticals P. Ltd.
In view of the above, both the petitions stand disposed of. Rule is discharged.
chandrashekhar* (K.S.JHAVERI, J.)