1.0 This petition is directed against the judgement and award dated 21.05.2003 passed by the learned Presiding Officer, Labour Court, Vadodara in Reference ( LCV) No. 185 of 1999 whereby the reference of the respondent came to be partly allowed by directing the petitioner to reinstate the respondent with continuity of service and with full backwages.
2.0 The respondent was appointed as Securitycumfire officer on 12.10.1993 in view of the award passed by the Labour Court, Baroda in Reference ( LCV) No. 617 of 1984. Because of the misconduct committed by the respondent, the petitioner issued chargesheet cum suspension order dated 23.01.1998 pending disciplinary inquiry. Thereafter in view of the report of the inquiry officer, the petitioner gave a second show cause notice to the respondent. Since the reply was not found satisfactory, the respondent was dismissed from service by the petitioner vide order dated 23.11.1998. A criminal case is also registered against the respondent in which he was acquitted. In the meantime,the respondent raised dispute against the dismissal order passed by the petitioner and the said dispute was referred for adjudication vide order of Reference dated 04.02.1999. The Labour Court thereafter had passed an order dated 03.06.2002 rejecting application Exh. 49 filed by the petitioner for allowing them to engage an advocate.
2.1 The said order was challenged before this Court by way of Special Civil Application No. 7709 of 2002 and the same came to be allowed by directing the Labour Court to expeditiously dispose of the reference within a period of six months from the date of the receipt of the order.
2.2 After hearing the parties, the Labour Court passed the aforesaid judgement and award. Hence, this petition.
3.0 During the pendency of the petition, the respondent No.1 expired and his legal heirs are brought on record.
4.0 Mr. Gandhi with Mr. Joshi, learned advocate for the petitioner states that the parties have agreed to settle the dispute on condition that widow of respondent No.1 shall hand over the peaceful and vacant possession of the premises to the petitioner on or before 31.01.2013.
5.0 Accordingly The respondent No. 1/1 will be paid a sum of Rs.6.50 lac as full and final settlement towards all legal dues including retiral dues, gratuity and other benefits by way of demand draft. The widow of respondent No.1 I.e respondent No.1/1 shall hand over the possession to the petitioner on or before 31.01.2013, after getting demand draft of Rs.6.5 lacs (Rupees Six Lac Fifty Thousand). This will be treated as full and final settlement. The award of the Labour Court is substituted accordingly. Rule is made absolute to the aforesaid extent.
(K.S.JHAVERI, J.) niru*