Stp Ltd. Vs. Learned Second Labour Court and ors. - Court Judgment

Excerpt:
- 1. this appeal was taken up for hearing on september 19, 2007. in course of hearing, it was submitted before us by the learned advocate, appearing for the company/appellant that the concerned workman viz., ananda das, after his service was terminated, worked in another company, viz., universal surface protection pvt. ltd. no. 2, brite street, ground floor, kolkata. so in view of the provisions laid down in the proviso to section 17-b of the industrial disputes act, the concerned workman is not entitled to get any arrears salary, as it was directed by the learned judge, second labour court. it was submitted by the learned advocate for the concerned workman that the respondent workman after his service was terminated never worked in any other concern and he was out of employment during that period and as such he is entitled to get relief under section 17-b of the industrial disputes act. it is further submitted by the learned advocate for the respondent workman that the person named ananda das, who worked in universal surface protection pvt. ltd. was a different person in the same name. to ascertain this position we sent the matter to the officer-in-charge of kataya police station to enquire into the matter and to ascertain as to whether the concerned workman ananda das, who worked in universal surface protection pvt. ltd. and whose signatures were appearing in the salary sheet of the said company is the same person who worked in the appellant company viz., stp ltd.2. pursuant to our earlier direction, a report is submitted before us by the officer-in-charge of the concerned police station, from which it appears that ananda das, the concerned workman was never an employee of universal surface protection pvt. ltd., after his service was terminated from the appellant company viz., stp ltd. the report clearly indicates that the workman ananda das was out of employment after his service was terminated from stp ltd. the learned advocate appearing for the appellant company submitted that the report submitted by the police authority is not clear and specific, and as such the matter should be sent back again to the concerned police station for giving a specific report about the said ananda das, who worked in the universal surface protection pvt. ltd. but we are enable to accept such contention as we find that the report submitted by the police is very specific and it is not at all necessary to send it again for any further enquiry.3. the proviso to section 17-b of the industrial disputes act reads as follows:provided that where it is proved to the satisfaction of the high court or the supreme court that such workman has been employed and had been receiving adequate remuneration during any such period or part thereof, the court shall order that no wages shall be payable under this section for such period or part, as the case may be.from the aforesaid provision it is clear that if the workman was not employed anywhere after his termination and was not receiving adequate remuneration during any such period or part thereof, he was entitled to wages under this section for such period. the learned single judge after considering the materials placed before him confirmed the order passed by the learned judge, labour court.4. after hearing the learned advocate for the parties and considering the materials placed before us we are of the view that the impugned order does not suffer from any illegality and we do not find any reason to interfere with the same. accordingly with the aforesaid observations the appeal is dismissed. the impugned order passed by the learned single judge is hereby affirmed.5. the appellant company is directed to comply with the direction as given by the learned single judge. the interim order, if any, stands vacated.6. there will be no order as to costs.7. let urgent xerox certified copy of this order, if applied for be given to the parties upon compliance of all formalities.