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2024 Supreme(Online)(KER) 6335

HIGH COURT OF KERALA
ANU SIVARAMAN, C. PRATHEEP KUMAR, JJ
KERALA FEEDS LTD – Appellant
Versus
THE PRESIDENT KERALAFEEDS WORKERS UNION – Respondent


JUDGMENT

Anu Sivaraman, J.

The employer company, who was the petitioner in the writ petition, is in appeal against the judgment which upholds the award of the Labour Court. The 1st respondent herein is a Union which was a party to Ext.P1 settlement dated 9.4.2008. It was contended by the Union that Clause 37 of the settlement provided that arrears of payments admissible under the Memorandum of Settlement from 1.1.2006 shall be paid to the eligible workmen within one month from the date of fixation of their pay in the revised scales of pay. It is stated that all arrears of salary were paid to the workmen on the basis of the settlement and was duly accepted by the workers. Thereafter, one of the Unions, that is, the 1st respondent herein raised a demand for arrears of overtime wages as well.

2. The learned counsel for the appellant submits that there was no provision in Ext.P1 with regard to arrears of overtime wages and that the arrears of overtime wages were not specifically agreed to be paid to the workmen. It is stated that the workmen could have demanded no further increase in wages for the period in question, except what is specifically covered by Ext.P1. The conciliation having

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