(Kurian Joseph and Rohinton Fali Nariman, JJ.)
The Kelvin Jute Co. Ltd. Wors. P.F. & Ors. _____________ Appellant(s)
v.
Krishna Kumar Agarwala & Ors. ____________________ Respondent(s)
I.A. 9 & 10/2016 in Civil Appeal Nos. 2591/2006, decided on October 26, 2016
(For directions and office report)
With
I.A. No. 6/2016 in C.A. No. 2593/2006 (With appln.(s) for directions and Office Report)
The Order of the court was delivered by
Order
1. Having regard to the prolonged litigation and after hearing learned senior counsel appearing for both sides, we are of the view that it is high time to give a quietus to the disputes.
2. As per our direction, M/s. Trend Vyapar Limited has deposited an amount of Rs. 1.95 Crores with the Provident Fund Commissioner.
3. We are also informed that ever since M/s. Trend Vyapar Limited took over the Company, they are in regular payment of the Provident Fund to its workers. Be that as it may, in view of the background of the cases which have been dealt with in detail by the High Court while disposing of the appeals, we have taken the view that no interference was called for since the facts were not disputed.
4. In the above circumstances, we are prima facie of the view that this is an eminently fit case where this Court should invoke its discretion under Article 142 of the Constitution of India and give a quietus to all other disputes by treating the remittance of Rs. 1.95 Crores as full and final settlement of all the dues without any further liability on the part of M/s. Trend Vyapar Limited either by way of interest or by way of damages.
5. The learned senior counsel appearing for both sides to get instruction.
6. Post on 10.11.2016 as first item.
———
