This Court, by interim order dated 04.05.1999, directed the Corporation to pay to the applicant full wages last drawn by him on 01.09.1985 inclusive of maintenance allowance admissible to him under the Rules on the applicants furnishing an affidavit to the effect that he had number gainfully employed elsewhere.
This Court granted leave and accordingly it was registered as Civil Appeal No.
By order dated 31.03.1998, the Division Bench dismissed the appeal and upheld the order of the Single Judge giving rise to filing of the appeal before this Court by the Corporation being S.L.P. c No.
Likewise, while finally allowing the Corporations appeal on 31.10.2000, this Court recorded an offer made by the Corporation that numberwithstanding the result of the appeal, the Corporation is still ready and willing to pay a sum of Rs.2 lakhs to the applicant towards full and final settlement to the satisfaction of the applicants claim which they had offered earlier during the pendency of the appeal see last Para of final order dated 31.10.2000 .
4482 of 1998.
It is alleged that since the Corporation has offered very less sum as companypared to what was actually payable to the applicant employee pursuant to the order dated 04.05.1999, the applicant did number accept the sum offered to him.
It was held that the applicant was number a workman within the meaning of the expression workman as defined in Section 2 s of the Act and, therefore, the Government Order by which the reference was made to the Industrial Tribunal is number maintainable.
It is alleged that numberwithstanding the disposal of the civil appeal in Corporations favour by this Court by order dated 31.10.2000, so far as the interim order dated 04.05.1999 passed under Section 17 B of the Act is companycerned, the same has to be companyplied with by the Corporation by paying to the applicant all monetary benefits pursuant to such order.
The Corporation felt aggrieved and filed an intra Court appeal before the Division Bench of the High Court.
4482/1998 has number yet been companyplied with by the Corporation.
The Single Judge of the High Court, by order 22.03.1996 allowed the writ petition and while setting aside the award of the Industrial Tribunal held that the applicant was the workman and, therefore, the Government was right and had the power to make an industrial reference to the Industrial Tribunal.
The applicant felt aggrieved of his termination and raised an industrial dispute before the Industrial Tribunal under the Industrial Dispute Act, 1947 hereinafter referred to as the Act for deciding the legality and companyrectness of his termination order.
With these background facts, the applicant employee has filed the companytempt petition alleging therein that the interim order dated 04.05.1999 passed by this Court during the pendency of Civil Appeal No.
8518/1998.
The applicant was an employee of one limited Company called Birla Corporation Ltd. hereinafter referred to as the Corporation , which is companytrolled by Birla Group.
As a companysequence, the award passed by the Industrial Tribunal holding that the applicant was number a workman was upheld.
160602 IST Reason To appreciate the grievance of the applicant herein employee respondent of the aforementioned appeal, it is necessary to set out the relevant facts which led to the filing of civil appeal in this Court which later gave rise to filing of this companytempt petition.
The Corporation was asked to pay the aforesaid amount of full wages last drawn with effect from 01.05.1998 onwards till the final disposal of the appeal.
The applicant felt aggrieved and filed writ petition before the High Court at Calcutta.
The respondent herein is the General Manager of the Corporation.
The Corporation was directed to pay the arrears within four weeks and future monthly emoluments by 7th of each succeeding month.
On the date of termination, the applicants last drawn salary was Rs.1185/ .
By award dated 22.11.1991, the Industrial Tribunal answered the reference in favour of the Corporation.
The Corporation has filed its reply on affidavit.
By order dated 31.10.2000, this Court allowed the Corporations appeal and while setting aside the orders of the Division Bench and Single Bench dismissed the writ petition filed by the applicant herein.
This application is filed by the respondent employee of Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2018.02.23 the said appeal.
It is pertinent to mention here that during the pendency of the Corporations Civil Appeal in this Court, the Corporation had prayed for grant of the stay of the impugned order of the Division Bench.
The applicant was appointed on 04.12.1974.
However, the applicants services were terminated by the Corporation by order dated 01.09.1985.
4482 of 1998.
Abhay Manohar Sapre, J. This companytempt petition arises out of the two orders, one dated 04.05.1999 and final order dated 31.10.2000 passed by this Court Three Judge Bench in Civil Appeal No.
