CENTRAL AGRICULTURAL RESEARCH INST.&ANR. Vs. PRESIDING OFFICER, LABOUR COURT & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 1718-1719 of 2001, Judgment Date: Oct 24, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION
                     CIVIL APPEAL NOS. 1718-1719 OF 2001


      CENTRAL AGRICULTURAL RESEARCH INST.& ANR.             APPELLANTS

                                    VERSUS

      PRESIDING OFFICER, LABOUR COURT & ORS.               RESPONDENTS

                                     WITH

                 CIVIL APPEAL NOS. 1720-1721 OF 2001

                                     WITH

                 CIVIL APPEAL NOS. 1722-1723 OF 2001


                               J U D G M E N T

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.

                                    - 2 -
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