- (1.) These appeals are against the Judgment dated 23rd September, 1997.
(2.) Briefly stated the facts are as follows : The Appellant claimed that they had ceased operation from 1984. In Suit No. 1937 of 1985, filed by Bank of Madura, Court Receiver, High Court, Bombay was appointed as Court Receiver for all the assets of the Appellant's Company on 28th November, 1985. The workers, through their Unions filed various proceedings before the Labour Court, claiming their arrears of wages retrenchment benefits, terminal benefits etc. A number of Awards came to be passed by the Labour Court. The workers carried their dispute all the way upto this Court. On 21st March, 1988, this Court passed an order wherein, inter alia, directions were issued to the High Court to look into the question whether there was any scope for restructuring the mill and if there was no scope for restructuring the mill, then to close down the same so that the employees could be retrenched with effect from a particular date to be indicated by the High Court in its Order. On 12th December, 1988, the High Court fixed 31st October, 1988 as the date when the services of the employees was to stand terminated/retrenched. The Court Receiver was directed to notify this date as the date of retrenchment of the workers.
(3.) On 2nd December, 1995 the Appellant company entered into a Memorandum of settlement with its workers, wherein it was agreed that the workmen whose services were terminated/retrenched with effect from 31st October, 1988 would be paid their dues on or before 31st March, 1996. It was also agreed that even though the amount payable was Rs. 1,23,03,947.07 the Union would accept a sum of Rs. 1,10,00,000/- towards settlement of dues. Clause 5 of the Settlement is relevant. It reads as follows : "5. The amount of Rs. 1,10,00,000/- to be paid by the company shall be distributed in the following manner : JUDGEMENT_134_SUPREME1_2001_1.html;