Abdul Moin, J. - (1.) Heard Sri P.K. Sinha learned Counsel for the petitioner and Sri Pradeep Kumar Tripathi learned Counsel for respondent no.-1.
(2.) By means of the instant writ petition the petitioner, U.P. State Sugar Corporation Ltd. has challenged the order dated 30.7.1997 passed by learned Labour Court Uttar Pradesh Lucknow in Misc. Case No.-28 of 1993 passed under Section 33-C(2) of the Industrial Disputes Act 1947, whereby the learned Labour Court has allowed the case filed by the deceased-husband of the opposite party no.-1 and has directed the petitioner to pay a sum of rupees 43,134.60/- towards salary and other benefits.
(3.) The case of the petitioner is that the husband of the opposite party no.-1 late Sri Ghurpatri was working in the Maholi Unit of the U.P. State Sugar Corporation Ltd. (hereinafter referred to as Corporation) as Khalasi in the Engineering Department. He was made permanent and thereafter retired on 30.6.1991 on completion of 60 years of age. After retirement the husband of opposite party no.-1 submitted No Dues Certificate from all departments except from the Labour Office which issues the certificate of no dues in regard to vacation of the quarter. It was in those circumstances that the gratuity due to late Sri Ghurpatri was not paid even though the said amount had been calculated and the cheque amounting to rupees 26,985.08/- had been prepared on 22.09.1991. It is further contended that after his retirement, Sri Ghurpatri never worked and was never in the employment of the factory and consequently he was not entitled for any further payment of wages etc. for the period after 30.6.1991.;