INDUSTRIAL DISPUTES

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This query is : Resolved

P.S.VISHWANATHAN

P.S.VISHWANATHAN (Querist)
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03 October 2009 WE HAD TWO UNITS OPERATING UNDER THE SAME NAME. ONE OF THE UNITS LOCATED IN HARYANA WAS CLOSED AND THE WORKERS RAISED DISPUTE BY NOT ACCEPTING THE COMPENSATION OFFERED TO THEM. FOUR OF THE WORKERS MANAGED TO GET THE AWARD EXPARTE IN THEIR FAVOUR FOR CONTINUITY OF SERVICE WITH BACK WAGES. WHILE THE REST PURSUED THE CASE AT THE INDUSTRIAL TRIBUNAL. WE MANAGED TO SETTLE THE DISPUTE BY PAYING THE WORKERS INCLUDING THREE OF THE WORKERS WHO HAD EXPARTE AWARD IN THEIR FAVOUR. THIS WAS DONE IN THE INDUSTRIAL TRIBUNAL ITSELF. ALL THE WORKERS ACCEPTED THE COMPENSATION AND RELENQUISHED ALL THEIR RIGHTS. BUT ONE WORKER WHO HAS AWARD IN HIS FAVOUR HAS APPROACHED THE INDUSTRIAL TRIBUNAL FOR COMPUTATION OF BACKWAGES TILL DATE INCLUDING THE BENEFITS WHICH WERE AVAILABLE WHILE THE UNIT WAS FUNCTIONING? IS THIS CLAIM TENABLE?

Manmohan ACA, CS

Manmohan ACA, CS (Expert)
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03 October 2009 No. As they had reached to a compromise in writing vide which they obtained their full and final accounts are not entitled to approach tribunal for the execution of the ex-parte award. Better u contest now this petition and bring all the facts on file

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