1. By way of this petition under Article 227 of the Constitution of India, the petitioner union has prayed for the following reliefs :
“(A) calling for records and proceedings of Reference (LCV) No. 189 of 1984 and ISO Application Nos. 1,2 and 3 of 1985, rendered by Labour Court No.2, Baroda on 13.5.92;
(B) quashing and setting aside the judgment and Award at Annexure 'A' and declaring the same to be contrary to law, illegal, null and void and further directing the respondents to reinstate all 161 concerned workmen with full back wages from 23.12.83 and further directing that the back wages be paid with 24% interest per annum;
(C) alternatively directing the Labour Court to decide the Reference and 3 ISO Applications within a period of six months after giving a chance to both the parties to adduce further evidence;
(D) any other relief deemed fit and proper be granted;
(E) costs of this application may be quantified at Rs.3500/-”
2. Mr. Subramaniam Iyer, learned Advocate for the petitioner as well as Mr. Nirav Joshi, learned Advocate for Nanavati Associates for respondent state that the issue involved in this petition is resolved amicably by the parties. It appears from the record that the subject matter of challenge before this Court is order passed by the Presiding Officer, Labour Court, Vadodara dated 13.5.1992 in Reference (LCV) No. 189 of 1994 and ISO Application Nos. 1, 2 & 3 of 1995. By the impugned judgment and award the Reference came to be rejected.
3. As per the consensus arrived at between the parties, joint purshis is tendered by the learned Advocates appearing for the respective parties. The said purshis in origin is taken on record. As stated in the said purshis the respondent Company shall pay 10% over and above payable amount mentioned in the statement which is tendered alongwith purshis. It is also provided in the said purshis that as per the consensus arrived at between the parties the respondent Company shall also pay last month unpaid wages, if they are unpaid as per record to the workmen within a period of four weeks from today. Aforesaid exercise as stated in the purshis dated 2.5.2012 including the amount which is mentioned in the statement attached with this purshis shall be undertaken by the respondent Company within a period of four weeks from today.
4. In view of the consensus arrived at between the parties, the petition does not survive and the same is disposed of as the controversy raised in the present petition is redressed as per the statement recorded as above. Rule discharged with no order as to costs.
Sd/-
(R.M. Chhaya, J.) M.M.BHATT