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Sai Sharma K.H.R. And Ors. vs Government Of A.P. And Ors.

Supreme Court Of India|07 December, 2000

JUDGMENT / ORDER

ORDER V.N. Khare, J.
1. Delay condoned.
Leave granted.
Respondent No. 3 is a Society Registered under the Andhra Pradesh Co-operative Societies Act, 1964 (hereinafter referred to as the Act).
2. It is not disputed that the appellants herein were its employees. The Society had gone into liquidation under Section 64 of the Act and a Liquidator was appointed. Under such circumstances, the Society retrenched the services of the appellants by order dated October 9, (sic) 1991.
3. It is not disputed that at the time when the services of the appellants were retrenched, no compensation as required under Section 25F(b) of the Industrial Disputes Act was given to the appellants. In these circumstances, the appellants filed a writ petition under Article 226 of the Constitution, before the High Court of Andhra Pradesh. It appears that, during the pendency of the writ petition, certain interlocutory orders were passed, and in pursuance thereof, the last instalment of compensation was paid to the appellants on April 30, 1996.
4. The High Court while disposing of the writ petition, held that the appellants are entitled to payment of compensation in accordance with Section 25F(b) of the Industrial Disputes Act. It is against the said judgment the appellants have filed the S.L.Ps.
5. Notice was issued in the SLPs., confined to the question whether the cut-off date for payment of retrenchment compensation on closure should be October 9, 1991 or April 30, 1996.
6. When we heard the matters, it was put to the counsel for respondent No. 3 that the appellants may be given 3 months' salary, learned Counsel for respondent No. 3 took time to obtain instructions from respondent No. 3.
7. When the matter was taken up today, learned Counsel for respondent No. 3 stated that respondent No. 3 is agreeable to pay 3 months' salary to each of the appellants within a period of 3 months from today, which is acceptable to the appellants.
8. In view of the aforesaid statement, these appeals are disposed of in the aforesaid terms without going into the merits of the matter. There shall be no order as to costs.
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Title

Sai Sharma K.H.R. And Ors. vs Government Of A.P. And Ors.

Court

Supreme Court Of India

JudgmentDate
07 December, 2000
Judges
  • V Khare
  • K Balakrishnan