GLAXO SMITHKLINE CON. HEALTH CARE. LTD Vs. JAGJIT SINGH
SUPREME COURT OF INDIA
Glaxo Smithkline Con. Health Care. Ltd
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(1.)The Respondents herein were temporary workmen engaged with the Appellant-company. Though temporary, they had intermittently worked for the Appellant for about eight years. They were paid Rs.198/- per day as wages whenever they worked.
(2.)On 13.06.2005, the Management of the Appellant-company displayed a notice for gratis payment to the temporary workers for services rendered by them from time to time. The Respondents herein submitted their individual applications opting for voluntary separation and requesting for the payment of gratis amount. Accepting such prayer of the Respondents for settlement, the Appellant-company settled their claims and paid the dues in full and final by entering into individual settlements with each workman Under the Industrial Disputes Act, 1947. Notably, the Punjabi version of these settlement deeds had been typed on the backside of the English version and was signed by the individual workmen in the presence of witnesses. The amounts agreed upon under the settlement were paid to the Respondent-workmen by cheque and the proceeds thereof were credited in their account and utilised. Till this day, the amount paid to the Respondents is lying with them and has not been returned by them. Notably, even the provident fund dues of the Respondents have been settled in full and final.
(3.)When the facts stood thus, on 26.08.2005, the Respondent-workmen made a demand before the Appellant-company under Section 2A of the Industrial Disputes Act alleging that their services had been illegally terminated, as the workmen junior to them were still working. In the said demand, the Respondents did not make any allegation of fraud or forgery of the settlement. In its reply to such demand, the Appellant-company apprised the Assistant Labour Commissioner of the fact that the workmen had already entered into individual settlements with the Appellant. Later, the Respondents withdrew these demand notices dated 26.8.2005 on ground of some technical error.
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