Bombay High Court
Chalisgaon Textile Mills Chalisgaon vs Isak Chiragoddin on 25 January, 2024
2024:BHC-AUG:1966
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD
202 WRIT PETITION NO. 3842 OF 2003
Chalisgaon Textile Mills,
Chalisgaon, through its
General Manager,
Mr. V. S.Nimgaonker,
Age 48 years, R/o Chalisgaon
District Jalgaon. ..Petitioner
(Ori.Opponent)
VERSUS
Isak Chiragoddin,
Age 63 years, R/o Navgaon,
Ward No.3, Behind Chhajed
Oil Mill, Chalisgaon,
District Jalgaon. ..Respondent
(Ori.Applicant)
...
Advocate for the Petitioner : Mr. L. V. Sangit h/f Mr. V. J. Dixit
...
CORAM : ARUN R. PEDNEKER, J.
Dated : January 25, 2024
ORAL JUDGMENT :-
1. Heard the learned Advocate for the petitioner.
2. By the present petition the petition is challenging the order dated
24/03/2003, passed by the Labour Court, Jalgaon in Application (IDA)
No.29 of 1999 whereby the Labour Court, Jalgaon was pleased to allow
the application filed by the respondent and directed the petitioner to
pay Rs.20251.08 Ps. to the applicant towards remaining ex-gratia
payment within a month from the date of receipt of the order, failing
2 202 WP 3842-2003
which the amount shall carry interest @ 9% per annum from the
date of passing of the order till the date of payment of amount.
3. The said order is challenged on various grounds. However, it
is also brought to my notice that in a similar set of facts, this Court
in Writ Petition No.3045 of 2001 and other connected matters, by
order dated 05/01/2015 has held at paragraph No.9 as under : -
"9) Another limb of argument of learned counsel Shri
Sangit was that at the time of accepting the ex-gratia
and gratuity payment under the special voluntary
retirement scheme, each of the employee has accepted
the amount as full and final settlement, and therefore,
now they cannot agitate the said point. The said
contention is also liable to be rejected, because when
they accepted the said payment, that time their exact
date of appointment was not determined. In that view
of the matter, when subsequently their exact date of
appointment is determined, the employees cannot be
non-suited on the ground that they have accepted their
dues without any prejudice, for the simple reason, till
12.10.1998 the question of their dates of appointment
was not finally decided."
The above Judgment is undisputedly applicable to the facts of
the instant case.
3 202 WP 3842-2003
4. In view of the same, the present writ petition is dismissed,
however, with no order as to costs. The petitioner is directed to pay
the amount as directed by the Judge, Labour Court, Jalgaon to the
respondent within a period of 90 days from the date of reeipt of this
order. If the petitioner failed to pay the amount within the aforesaid
period, the amount shall carry an interest @ of 9% per annum from
the date of passing of this Judgment till the date of actual payment
to the respondents. Rule is discharged.
( ARUN R. PEDNEKER, J. )
vj gawade/-.
