1. When this matter is taken for final hearing , the Court is informed that the parties have amicably decided to resolve the dispute. Learned advocate Mr. T.R. Mishra for the resondent No. 1 has stated that if the petitioner, i.e. Cambay General Hospital, Anand, is ready to pay Rs. 75,000/- towards full and final settlement of all legal dues of the workman, the respondent is agreeable for modification of the award by receiving Rs. 75,000/- as compensation in lieu of the reinstatement, as ordered by the Labour Court.
2. Respondent-workman Shri Nirmalbhai Fannubhai Harijan is present in the Court and learned advocate Mr. Mishra personally identified him. The above statement is made in his presence and under his instructions.
3. Learned advocate Mr. D.G. Chauhan for the petitioner has stated that the petitioner is ready to pay Rs. 75,000/- to the respondent-workman towards full and final settlement of all the legal dues in lieu of reinstatement and continuity of service as ordered by impugned award. Learned advocates, therefore, request to quash and set aside the impugned award and to modify the award in view of the agreement made between the parties.
4. Accordingly, on the basis of above agreement between the parties, the award dated 30.05.2003 passed by the Presiding Officer, Labour Court, Anand, in reference(LCA)No.149/1993 shall stand modified in as much as the respondent-workman shall be paid Rs. 75,000/- by the petitioner by way of compensation towards full and final settlement of all the legal dues of the respondent-Workman in lieu of reinstatement and continuity of service ordered by Labour Court.
5. The respondent-Workman shall not be entitled to any other benefit under the award except an amount of Rs. 75,000/-. It is clarified that the said amount would not include Provident Fund. The workman thus shall be entitled to receive Provident Fund independently, if so available to him under law.
6. Learned advocate Mr. Chauhan for the petitioner states that Rs. 75,000/- shall be paid to the respondent-workman within a period of four weeks from today. The petitioner is directed to pay accordingly.
7. In the light of the above, no further order is required to be passed.
8. Hence, this petition stands disposed of. Rule is accordingly made absolute to the above extent. No order as to costs.
(C.L.
Soni,J.) Braj.
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