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2017 Supreme(SC) 1835

RANJAN GOGOI, NAVIN SINHA
KANPUR FERT. & CEMENT LTD. – Appellant
Versus
STATE OF U. P. – Respondent


ORDER :

1. Leave granted.

2. The appellant seeks to challenge the order of the High Court refusing interference with the order dated 23rd September, 2013 passed by the Labour Court by which the respondent workman has been granted wages for the period from July 2008 to March 2011 with simple interest at the rate of 9% per annum.

3. The core ground of challenge to the aforesaid order is that the aforesaid relief could not have been granted under Section 33-C(2) of the Industrial Disputes Act, 1947 in view of the settlement by and between the Management and the Representative Union of the workmen under which the workmen were entitled to an honorarium i.e. 25% of the basic wages plus D.A. for the period of special leave (during the period of closure of the unit).

4. We have perused the Memorandum of Understanding/Settlement, particularly, the clause relating to the payment of honorarium as referred to above. The Memorandum of Understanding/Settlement became a part of the revival scheme approved by the Board for Industrial and Financial Reconstruction (BIFR) by its order dated 16th January, 2012 in terms of which the Company got revived.

5. Evidently, all the other workmen got benefit in ter

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