D.P. Singh, J. - (1.) Heard Sri Sudhir Chandra, learned Senior Advocate "assisted by Sri Vivek Chaudhary for the petitioner, Sri Shyam Narain and Sri A.P. Srivastava for the contesting respondents and the learned Standing Counsel for the respondent No. 1 and 2.
(2.) This petition is directed against an order dated 26.7.2005 allowing the application of the respondent workmen under the U.P. Industrial Peace (Timely Payment of wages) Act, 1978 (hereinafter referred to as the Act).
(3.) The facts in brief are that Brooke Bond Upton India Limited owned a factory at Tundla and after amalgamation with the petitioners it became a Unit of the petitioners company. The petitioners floated a Voluntary Retirement Scheme dated 19th August, 2004 for the employees at its Tundla Unit in pursuance of which all the employees numbering about 255 took the benefit of the Scheme and resigned after entering into a settlement under Section 18(1) of the Industrial Disputes Act, 1947 and they were paid all their dues for which they duly executed receipts and the Unit closed down on 31st August, 2004. After about two years, the respondent No. 3 made an application allegedly on behalf of the workmen claiming Rs. 34,99,542/- as the wage bill on account of the alleged outstanding performance bonus, medical leave etc. Upon issuance of show cause the petitioner filed his reply, thereafter it filed a detailed written statement to the allegations. However, by the impugned order the application has been allowed for a sum of Rs. 7,77,642/-.;