Central Agricultural Research Inst. & ANR. Vs. Presiding Officer, Labour Court & Ors.

[Civil Appeal Nos. 1718-1719 of 2001]

[Civil Appeal Nos. 1720-1721 of 2001]

[Civil Appeal Nos. 1722-1723 of 2001]

KURIAN, J.

1. The appellants approached this Court challenging the Award passed by the Labour Court and as confirmed by the High Court.

2. Taking note of the fact that the appellants have paid wages in terms of the Section 17 B of the Industrial Disputes Act, 1947 for quite long, a suggestion was made as to whether the appellants would be interested to have a one-time settlement, leaving the question of law, as to whether the Appellant No.1 is an industry or not, open.

3. Apropos the suggestion, the appellants have now framed a Scheme, a copy of which has been produced before this Court alongwith additional affidavit.

4. The learned counsel for contesting respondents submits that the scheme as such is not acceptable to the workers. Be that as it may, now that the appellants have framed a Scheme with regard to the settlement of grievance of the party-respondents, we are of the view that these appeals should be disposed of directing the appellants to implement the Scheme, in substitution of the award passed by the Labour Court.

Ordered accordingly.

5. However, we make it clear that in case the party-respondents have any surviving grievance, it will be open to them to make a representation before appellant No.1 or pursue the same in appropriate proceedings.

6. In view of the ensuing Diwali Festival, we direct the appellants to disburse the benefits in terms of the Scheme on or before 29th October, 2016.

7. The appeals are disposed of.

No costs.

......................J. [KURIAN JOSEPH]

......................J. [ROHINTON FALI NARIMAN]

NEW DELHI

OCTOBER 24, 2016

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