The Management of Johnson and Johnson (India) Ltd. Vs. Its Workmen - Court Judgment

Excerpt:
- sections 3 &4: [dr.arijit pasayat & asok kumar ganguly, jj] dowry death-death of wife by burn injuries accused husband was charged on the basis of statement made by father of deceased and letters written by deceased letters relied upon found to be not in handwriting of deceased - dying declaration not inculpating accused held, accused is not liable to be convicted.indian penal code, 1890.sections 304-b & 498a : dowry death-death of wife by burn injuries accused husband was charged on the basis of statement made by father of deceased and letters written by deceased letters relied upon found to be not in handwriting of deceased - dying declaration not inculpating accused held, accused is not liable to be convicted. .....appellant company he be paid rs. 10,000/- in full and final settlement of his claim. this would be without prejudice to the contention advanced on behalf of the appellant company as to whether salesman is a workman. a sum of rs. 8,000/- is stated to have been already deposited by the appellant company. bhasin respondent would be entitled to withdraw the same. the appellant shall pay the balance of rs. 2,000/- to bhasin within one week from today. we accordingly accept the appeal, set aside the award and dispose of the appeal in the above terms. there will be no order as to costs.

Judgment:
ORDER

H.R. Khanna, J.

1. The services of B.N. Bhasin were terminated by the appellant company with effect from May 1, 1966. Reference to whether the termination of the services of Bhasin was wrongful and unjustified and if so, to what relief he was entitled. The Labour Court as per award dated September 9, 1966 held that the termination of service of Bhasin was wrongful and unjustified and he was entitled to full back wages and continuity of service. The appellant company thereafter came up in appeal to this Court by special leave.

2. At the hearing of the appeal, there has been a settlement between the parties and it has been agreed that instead of Bhasin being reinstated by the appellant company he be paid Rs. 10,000/- in full and final settlement of his claim. This would be without prejudice to the contention advanced on behalf of the appellant company as to whether salesman is a workman. A sum of Rs. 8,000/- is stated to have been already deposited by the appellant company. Bhasin respondent would be entitled to withdraw the same. The appellant shall pay the balance of Rs. 2,000/- to Bhasin within one week from today. We accordingly accept the appeal, set aside the award and dispose of the appeal in the above terms. There will be no order as to costs.