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TMI Blog2000 (11) TMI 1142X X X X Extracts X X X X X X X X Extracts X X X X ..... ly as possible. - CIVIL APPEAL NO. 9294 OF 1995 - - - Dated:- 28-11-2000 - S. RAJENDRA BABU AND S.N. VARIAVA, JJ. N. Sahni, Rajesh Malhotra and D.K. Malhotra for the Applicant. V.A. Mohta, Sobhesh Roy, R.S. Jena, P.N. Gupta and Pravir Choudhary for the Respondent. JUDGMENT Variava, J. - This Appeal is against a Judgment dated 7-4-1995, by which the appellant has been directed to pay arrears of salary of the fourth respondent for the period from 15-12-1981 to 2-8-1989. 2. Briefly stated the facts are as follows : The fourth respondent was working as a Chief Welfare Officer under the third respondent-Corporation. His services were terminated by an order dated 15-12-1981. The fourth respondent preferred an appeal to the State Government invoking its jurisdiction under the third Proviso to rule 6( iv ) of the Orissa Welfare Officers (Recruitment and Conditions of Service) Rules, 1970. After hearing parties the State Government set aside the order of termination and directed reinstatement of respondent No. 4. The third respondent-Corporation then insisted that reinstatement could be given effect to with effect from the date of the appellate order and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the State of Orissa. Under the Scheme which has been sanctioned by BIFR on 21-12-1990, it is provided as follows : "Mill No. 3 Mill No. 3 would be sold to the Orissa Government. There are certain liabilities, which relate to Mill No. 3 such as Rs. 240 lakhs as working capital advance and Rs. 100 lakhs as interest on the working capital advance, and certain State and Central Government dues. While all the State and Central Government dues would be paid by the Orissa State Government after the rehabilitation period and the interest on working capital advance is being written off as a part of the revival of TPM, the working capital advance of Rs. 240 lakhs and labour dues of Rs. 160 lakhs would be paid by the Orissa State Government. An amount of Rs. 6 crores would be the sale price of Mill No. 3 payable within 30 days by the State Government to TPM for meeting the dues of labour being retrenched in respect of Mill No. 2. Pending litigations relating to Mill No. 3 before different Courts and authorities will be taken over and pursued by the State Government purchasing the Mill. The Orissa Government will also take over all liabilities due to the State Government and the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and the State Government hereby assures that it will provide its good offices to BILT and will endeavour so that BILT s application to obtain requisite approval under the MRTP Act for acquiring the assets of TPM-3 is expeditiously granted. 2. That the award dated 21-12-1990 passed by the BIFR has provided that an amount of Rs. 1.6 crores is to be paid to the workman of TPM-3 for the period till January 31, 1989 and whereas in accordance with the letter No. 7956/I-IX-HI-28/91 dated 21-3-1991 issued by the State Government BILT has started the process of direct negotiations with the workman of TPM-3 for a settlement in respect of their claims and wages for the period after 31-1-1989, the parties hereto hereby declare that it is their intention and objective that a just and fair settlement should be reached with the workmen thereby covering all the issues pertaining to the terms of employment of workmen for the period commencing on and from the 1-2-1989 till the date of revival of TPM-3. It is also agreed by the State Government that it will issue appropriate directions to the Labour Deptt. To assist and extend full co-operation to BILT enabling them to arrive at a peaceful and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the State Government hereby clarifies that save and except the liabilities as are mentioned in the letter dated 5-3-1991 ( vide Annexure-IV) and letter dated 13-3-1991 {vide Annexure-V) addressed by BILT to the State Government, no other liability shall accrue to BILT as a consequence of its purchasing the said TPM-3." Thus it is only the liabilities which are mentioned in the letters dated 5-3-1991 and 13-3-1991 and the liabilities mentioned in clause (3), which are to be borne by the appellant. All other liabilities remain to be discharged by the State of Orissa. Liabilities mentioned in clause (3) of the MOU are those agreed to be taken by the appellants in the letters dated 5-3-1991 and 13-3-1991. Reading of clauses (7) and (3) shows that the liability to make payment to the fourth respondent has not been passed on to or taken over by the appellants. 8. It was sought to be suggested that under the letter dated 5-3-1991, the appellants were to pay all dues of the workers up to December, 1998. It was submitted that the term worker would also include the fourth respondent though he was not a workman. We are unable to accept this submission. Even in the letter of 5-3-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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