D.G.R.PATNAIK, J. - (1.) THE petitioner has prayed for quashing the order dated 15.7.1995, passed in P.W. Case No. 4 of 1991 and P.W. Case No. 75 of 1993 by the Presiding Officer, Labour Court, Jamshedpur, whereby and whereunder, the petitioner was directed to pay a sum of Rs. 10,452/ -, as deducted wages along with compensation of Rs. 20,904/ - to the respondent No. 2.
(2.) FACTS of the case in brief are that: The petitioner -Company is a Private Ltd. Company, registered under the Companies Act and is a contractor, undertaking fabrication work. The respondent No. 2 was a workman, employed under the petitioner as a Rigger since 1976: On the ground that he has been denied wages since June, 1990 to May, 1991 on false and flimsy pretexts, the respondent No. 2 filed his application before the Court below vide PW Case No. 4 of 1991 claiming from the petitioner/opposite party, a sum of Rs. 10,452/ - towards deducted wages and a further sum of Rs. 1,04,520/ - by way of compensation. On a similar ground that his wages was denied from May, 1992 to April, 1993, the respondent/applicant filed another case vide P.W. Case No. 75 of 1993, claiming payment of a sum of Rs. 10,452/ - plus compensation of Rs. 1,04,520/ -. The applicant's case was contested by the petitioner/opposite party before the Court below by filing show cause and by adducing evidence.
(3.) THE case of the petitioner/opposite party in both the aforesaid cases was that the applicant/respondent No. 2 had quarreled with a co -worker and for which he was issued a charge -sheet and an enquiry was also conducted. He was retrenched from service on 15.2.1989, and he was also offered retrenchment compensation but he did not accept the same. On the contrary, he filed PW Case No. 113 of 1990 before the Court below raising an industrial dispute, against the termination of his service. A reconciliation proceeding was initiated by the Deputy Labour Commissioner, and in pursuance of the compromise, the respondent No. 2 had accepted a sum of Rs. 13,264/ - on 15.6.1991 from the petitioner towards retrenchment compensation along with bonus for the year 1988 and leave encashment of 15 days. It was also contended by the petitioner in PW Case No. 75 of 1993 that the claim of the applicant/ respondent No. 2 was not maintainable as he was no more in employment of the petitioner, since after accepting the retrenchment compensation on 15.6.1991 and, therefore, he was not entitled to any wages whatsoever for any period after the date of his retrenchment.;