(Ajay Rastogi and Bela M. Trivedi, JJ.)
Bhartia Cutler Hammer Ltd. (Now Known as M/s. BCH Electric Ltd.) _________________________________________________ Appellant;
v.
Virender Magu and Another ______________________ Respondent(s).
Civil Appeal No(s). 162-163/2023 (@ Special Leave Petition (C) Nos. 651-652/2023 @ SLP(C) Diary No(s). 20622/2020), decided on January 6, 2023
The Order of the court was delivered by
Order
1. Delay condoned.
2. Leave granted. The present appeal has been filed assailing the order dated 22.03.2014 passed by the High Court of Punjab & Haryana at Chandigarh.
3. The case has a chequered history. Respondent no. 1/employee, who initially joined service way back on 18.04.1981 in the establishment of the appellant as Labour-cum-Welfare Officer, his services later came to be terminated by an order dated 31.03.1983 and from this stage, the proceedings initiated questioning the order of termination have travelled several rounds of litigation.
4. Under the judgment impugned before us dated 22.03.2014, the termination order was finally set aside and the question was regarding the quantum of back-wages to which respondent no. 1/employee was entitled for in consequence of the termination being held bad in law. In the execution proceedings, affidavits and counter affidavits were filed by the parties to justify the period during which respondent no. 1/employee remained unemployed with regard to period he could claim back-wages.
5. Mr. Rakesh Khanna, learned senior counsel appearing on behalf of the appellant brought to our notice the letter issued from the office of the Employees Provident Fund Organization dated 24.12.2019 indicating that respondent no. 1/employee was in the employment of M/s. Printer House Ltd. from 30.11.1984 to August, 1998 in reference to which the contribution of the provident fund was deducted from his salary.
6. Taking assistance thereof, Mr. Khanna tried to persuade this Court that the order passed by the Executing Court in reference to the back-wages deserves to be interfered with and the period during which respondent no. 1/employee remained under employment of M/s. Printer House Ltd. was to be duly adjusted.
7. Learned counsel for respondent no. 1/employee submits that in the cross-examination, respondent no. 1/employee had disclosed that he was in employment of M/s. Printer House Ltd.
8. It is informed to this Court that against the total amount of Rs. 1,25,00,000/- as claimed by respondent no. 1/employee in reference to which order was passed by the Executing Court dated 09.12.2019, the alleged undisputed amount of Rs. 44,49,482/- has been made over to respondent no. 1/employee at that time.
9. Mr. Khanna, learned counsel for the appellant has reservation that the period during which respondent no. 1/employee remained in employment, he is not entitled for the back wages which have been paid as undisputed amount as referred to in the order passed by the Executing Court dated 09.12.2019.
10. After hearing learned counsel for the parties and taking into consideration the material on record, we are of the view that it will meet the ends of justice that what has been paid to respondent no. 1/employee as indicated in the order of the Executing Court dated 09.12.2019 as alleged undisputed amount of Rs. 44,49,482/- shall be considered as the full and final payment in satisfaction of the decree pending controversy between the parties.
11. We make it clear that respondent no. 1/employee is not entitled to get any additional amount in terms of the order passed by the Executing Court which was impugned before the High Court.
12. Consequently, all other proceedings, if any, pending arising from the alleged termination dated 31.03.1983 stand closed.
13. It is made clear that whatever remaining amount is deposited by the appellant, the appellant is at liberty to make an application before the appropriate forum and if such an application is filed, the same shall be released to the appellant.
14. The appeal(s) stands disposed of in the above terms.
15. Pending application(s), if any, shall stand disposed of.
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