HINDUSTAN COMPOSITES LIMITED Vs. GAMBIR CATERING SERVICE

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Counsel for the respondents.

(2.) By this petition, the petitioner - Hindustan composites Limited takes exception to the order passed by the Industrial Court, Maharashtra in Complaint (ULP) No. 1166/1991 dated 19th April, 2004 whereby the industrial Court was pleased to direct the petitioner herein to pay amount of unpaid wages at the rate of 1200/- per month to each of the employees named in the complaint at Annexure B" with effect from 1. 6. 91 to 30. 11. 91. FACTS :

(3.) The petitioner is a public limited company and is carrying on manufacturing activity in its factory at ghatkopar, Mumbai. In the year 1991, the factory had 1300 workers. The factory was under lock out from 18. 10. 90 to 14. 5. 91. A settlement was arrived at between the petitioner and the recognised union on 14. 5. 91. From 29. 8. 91, the respondent no. 1 filed a complaint being Complaint (ULP) No. 1166/91 against the petitioner and respondent no. 2 seeking relief of full backwages during the period of lock out. On 17. 2. 92, a tripartite settlement was entered into between the petitioner, respondent no. 1 and respondent no. 2 in which respondent no. 2 had undertaken to pay all the dues of the workmen including notice pay, compensation to the workmen. The respondent no. 2 is a registered contractor who was running the canteen and the employees whose names are shown at Annexure "b" to the complaint are employees who are working in the canteen.