Wearwell (India) Pvt. Ltd. vs . Umesh on 7 August, 2020
9. Ld. Counsel on behalf of the appellant/Management has
challenged the impugned judgment on the ground that the arrears of
wages during the termination period cannot be granted unless there
is a specific order for payment of arrears of wages at the time of
directing the reinstatement of workman. It has been argued that the
settlement clearly provided that all the claims, disputes of the
claimant stood settled and it nowhere stated about providing the full
back wages. Ld. Counsel for the appellant/Management has relied
on the Judgments in Codialabail Press vs. Monappa (K) (1963)
1LLJ 638; State of Punjab vs. Jaswinder Singh (2017) 8 SCC 621
& Singh Engineering Works Private Limited vs. Kandhai &
Others (Civil Revision No. 1015/1972) decided on 05.01.1975. It
has been further argued that though the Authority under the Payment
of Wages Act may look at the incidental matters and even record the
evidence, but it cannot question whether the employer had
bonafidely or wrongly terminated the relationship of employee and
employer. The only question that could have been looked into
whether the payment of wages has been in terms of the settlement.