Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act I 947 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Industrial Disputes Act, 1947: s. 33-C(2) - Application by erstwhile workmen claiming benefits under a settlement arrived at between employer and its workmen after they had opted for voluntary retirement and had been paid amounts under the V.R. Scheme - HELD: Settlement covered only cases of existing employees and not of erstwhile workmen - Voluntary Retirement Scheme. The appellants-workmen opted for voluntary retirement under the Scheme floated by the respondent-employer on 26.5.1995 and were paid the amounts accordingly. Subsequently, on 13.10.1995, a settlement was arrived at between the respondent-Management and its workmen with regard to the wages and retirement age of the workmen. The appellants along with others made an application under s.33-C(2) of the Industrial Disputes Act, 1947 claiming the benefits granted under the settlement. The Industrial Tribunal-cum-Labour Court allowed the application. In the writ petition flied by the employer the High Court held that the view of the Tribunal was unsustainable. In the instant appeal it was contended for the appellants that the Settlement covered the permanent workmen on the rolls on 30.6.1995, and as they continued to be on rolls beyond 30.6.1995, they were entitled to the benefits. For the respondent it was contended that at the time the settlement was arrived at, the appellants were not existing workmen and the benefits under the settlement were relatable to future production targets. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1173 |
Petitioner | Vijay Kumar And Ors. |
Respondent | Whirlpool Of India Ltd. And Ors. |
SCR | [2007] 12 S.C.R. 425 |
Judgement Date | 2007-11-22 |
Case Number | 5787 |
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