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2016 Supreme(SC) 330

SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
Raijibhai Bhikhabhai Parmar & Ors. – Appellants
Versus
Reliance Industries Ltd. (Formerly Known as Indian Petrochemicals Corporation Ltd.) & Anr. – Respondents
Civil Appeal No. 4603 of 2016 (Arising out of SLP (C) No.11060 of 2016)
Decided On : 29-04-2016

Headnote:Labour law – Cessation of employment – Reference made to Labour court – High Court directing workmen to deposit the amount received by them at the time of cessation of employment as pre-condition for Labour court to enter adjudication – Modified – Workmen directed to deposit 50% of the amount. (Para 3, 4)

       

JUDGMENT :

Kurian, J.

1. Leave granted.

2. The limited grievance of the appellants is on the direction to deposit the amounts already received by them at the time of the alleged cessation of employment with the respondents as a pre-condition for the Labour Court to enter adjudication on the grievance raised by the employees.

3. Having heard Mr. R.P. Bhatt, learned senior counsel appearing for the appellants and Mr. C.U. Singh, learned senior Counsel appearing for the respondents, in the peculiar facts and circumstances of the case, we are of the view that the interest of justice would be advanced if the direction of the High Court to deposit the amounts already received by appellants at the time of cessation, is partly modified.

4. Accordingly, we dispose of the appeal permitting the appellants to deposit 50% of the gross VRS amount (which does not include P.F. Gratuity, etc.) within a period of three months from today.

5. The Labour Court, Vadodara will decide the Reference within a period of three months from the date of deposit as above.

6. The appeal is disposed of as above. No costs.

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