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1998 DIGILAW 442 (SC)

M. C. MEHTA v. UNION OF INDIA

1998-03-30

M.M.PUNCHHI, S.C.AGRAWAL, S.SAGHIR AHMAD

body1998
ORDER 1. There is a dispute between the parties as to whether the workers had duly and legally exercised their option as to being retrenched or being retained in service. Seven persons are said to have exercised their option. It f is maintained on behalf of the Company that the remaining workers were sent cheques, by way of retrenchment compensation. Some the workers received and encashed the cheques. Others did not. Before we decide the dispute, as raised, it would be appropriate that some money be put into the hands of the workers who did not receive and encash the cheques. Therefore, we direct the Company to pay each of them a sum equivalent to three g months salary as due, as if working, but this shall be on account. We make it clear that no sum by way of this arrangement is payable to those persons who have received and encashed the cheques. But that would be without prejudice to their rights in the outcome of the litigation. (It is given out by the learned Senior Counsel appearing on behalf of the Company that the above-mentioned seven persons who have exercised their option would also h be given payments likewise on account.) 2. Let payments, as envisaged, be made within 10 days from today at Delhi in the presence of the Labour Commissioner or his nominee at the old factory premises. 3. List on 20-4-1998. Court Masters