Sunita Agarwal, J. - (1.) The present petition is directed against the orders dated 14.07.2015, 22.04.2015 passed by the Assistant Labour Commissioner, Meerut namely respondent no.2 as also the recovery certificate dated 30.05.2015 issued by him in the proceeding under Section 6H(1) of Industrial Disputes Act' 1947 (herein after referred as Act' 1947).
(2.) Brief facts of the case relevant to decide the controversy at hand are that a settlement was arrived between the management of the petitioner and staff members on 08.10.1999. The memorandum of settlement was registered under Section 6(B) of the Act' 1947 read with the U.P. Industrial Disputes Rules' 1957 on 04.11.1999.
(3.) The stand taken by the petitioner-employer is that the respondent no.5 namely Sri Jagdish Prasad Sharma, an employee did not sign the memorandum of settlement arrived on 08.10.1999. After expiry thereof, another settlement dated 28.10.2004 was arrived between the management and the permanent workmen of Shaw Wallace Distilleries ltd. which is a unit of Central Distillery and Breweries, Meerut Cant, U.P. The said settlement was also registered under Section 6(B) of the Act' 1947 on 04.04.2005. The subsequent settlement dated 28.10.2004 registered on 04.04.2005 was also not signed by the respondent no.5 rather he filed objections against registration of the same. However, it was subsequently accepted by respondent no.5 and benefit thereof had been extended to him, much earlier.;