R.K.MERATHIA, J. - (1.) HEARD the parties finally.
(2.) PETITIONER has prayed for quashing the order dated 4.4.2007, passed by the Labour Court, Jamshedpur in M.J.C. Case No. 35 of 2002 filed by the respondents under Section 33C(2) of the Industrial Disputes Act (ID Act for short). The respondents were terminated on 27.7.1982. On 30.6.1988, an award was passed for reinstatement with 2/3rd back wages. The Management challenged the said award by filing writ petition, which was dismissed. The Management went to Supreme Court by filing Special Leave Petition, which was also dismissed on 7.4.1997. Thereafter, the respondents entered into an agreement with the Management on 18.6.1997 foregoing their claim of reinstatement if payment is made to them in lieu of their service till they reached the age of superannuation, in terms of the agreement.
(3.) IN 2004, there was a settlement between the Management and the recognized Union for Grade Revision and other benefits notionally with effect from 1.1.1997 and actually from 1.1.2001. On the basis of such settlement, the respondents filed the petition in question, under Section 33C(2) of the ID Act. The contention of the Management before the Labour Court was that the said application was not maintainable as the amount in terms of the agreement was al -ready paid and no further amount was payable in terms of the agreement.;