1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2258 OF 2008 Benjamin B. Fernandes ..Petitioner. Vs. The Khatau Makanji Spinning & Weaving Co. Ltd. and others ..Respondents. .... Mr. T.R. Yadav for the Petitioner. Mr. Piyush Shah with Mr. R.N. Shah for the Respondents. .... CORAM: DR. D.Y. CHANDRACHUD, J. 1st October, 2008. P.C. : An application under Section 33-C2) of the Industrial Disputes Act, 1947 came to be rejected by the Labour Court on 26th July, 2007. An affidavit in reply has been filed in these proceedings in which it has been stated that some time prior to April 1997 the activities of the establishment of the First Respondent were discontinued. The company was under the B.I.F.R. pursuant to the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985. A settlement was arrived at on 6th December, 2005 between Rashtriya Mill Mazdoor Sangh, which was the representative and approved union for the employees of 2 the First Respondent. It has been stated that under the settlement all the 6020 employees were offered their dues. Payment of gratuity was to be effected under the Payment of Gratuity Act. Compensation under the Voluntary retirement scheme was calculated at the rate of 36 days per completed year of service. Salary for the month of March 1997 was to be paid and ad hoc payments from April 1997 until 31st March, 2000 in lieu of backwages were to be calculated at the rate of 38% of the last drawn salary. It has been stated in the affidavit that bonus for 1995-96 was paid. The establishment where the Petitioner was employed has been closed down and the competent authority had granted its permission by an order dated 23rd October, 2000 under Section 25-O(2) of the Industrial Disputes Act, 1947. In the affidavit it has been stated that the dues under the settlement work out to Rs.4,16,629/- and that the First Respondent is ready and willing to pay the same. The statement which has been made on affidavit in regard to the readiness and willingness of the First Respondent to pay the dues of the Petitioner is recorded and accepted. In the event of the Petitioner applying for the payment of his dues, the First Respondent shall effect payment forthwith. Counsel appearing for the First Respondent states that the 3 Provident Fund dues shall also be paid over to the Petitioner. The Petitioner shall be entitled to such spread over for the purpose of income tax as is permissible in accordance with law. The Petition is accordingly disposed of. *****