Village Panchayat of Collem vs State of Goa and Others

N.A. Britto, J.—Rule. By consent heard forthwith.

Respondent No. 7 was an employee of the Petitioner. Having approached the Industrial Tribunal as regards termination of his services, the Industrial Tribunal by order dated 25/07/1996 held that his termination w.e.f. 23/12/1983 was illegal and unjustified. Respondent No. 7 was ordered to be reinstated with full back wages and other consequential reliefs with a rider that the amount paid towards back wages would be adjusted towards the amount due to him.

Subsequently, the Petitioner and Respondent No. 7 entered into the agreement dated 17/02/1998 by virtue of which the Petitioner and Respondent No. 7, inter alia, agreed that Respondent No. 7 would receive a sum of Rs. 65,000/-by way of full and final satisfaction of the said award of the Industrial Tribunal dated 25/07/1996.

Thereafter, the Respondent No. 7 approached the Commissioner, Labour and Employment, and made a claim regarding his back wages and the Commissioner by the order dated 30/03/2007, impugned in this Writ Petition held that an amount of Rs. 1,57,871/-was held payable to the Respondent No. 7. According to Respondent No. 7 his claim was Rs. 2,67,281/-.

The Commissioner, Labour and Employment, has not at all considered the effect of the agreement entered into between the Petitioner and Respondent No. 7 on 17/02/1998, i.e. whether in the light of the said agreement, Respondent No. 7 was entitled to make any further claim. Similarly, the Commissioner has also not spelt out as to how he has arrived at the figure of Rs. 1,57,871/-as payable to Respondent No. 7 as against his claim of Rs. 2,67,281/-. Therefore, the impugned order deserves to be set aside and matter remanded to the Labour Commissioner with a direction to give a finding, in the light of the above. The matter be decided within a period of eight weeks.

Rule is made absolute on the above terms, with no order as to costs.