VICTORY MILLS Vs. LABOUR COURT
LAWS(KER)-1993-4-10
HIGH COURT OF KERALA
Decided on April 06,1993

VICTORY MILLS Appellant
VERSUS
LABOUR COURT Respondents


Referred Judgements :-

DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY VS. KAMALAM [REFERRED TO]


JUDGEMENT

- (1.)PETITIONER, the managing partner of Messrs. Victory Mills, Kannur, which was closed on January 13, 1987, challenges Exhibitp-5, award of the first respondent. In the claim petition (C. P. No. 9 of 1991) between the petitioner and respondents Nos. 2 to 37 (applicants), the first respondent held that the applicants are entitled to get closure compensation as claimed by them.
(2.)CLAIM of the applicants for gratuity was settled and it was agreed that the sale proceeds of the machinery of the factory would be deposited in the joint account of the two labour unions and the petitioner. The amount was accordingly deposited. It is thereafter that Claim Petition No. 9 of 1991 was filed before the first respondent for notice pay and closure compensation.
(3.)PETITIONER contends that the application has been filed long after the aforesaid settlements and that Exhibit P-l pass book would show that the amount was deposited as agreed by the parties. It is contended that the claim petition was filed without noticing the fact that two claimants were dead long prior to the filing of the petition and that itself is sufficient to invalidate Exhibit P-5 award.
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