1. This petition is directed against the award dated 24.07.1992 passed by the Labour Court, Bhavnagar in reference (LCB)No. 420/93 whereby the Labour Court directed the petitioner to reinstate the respondent with 20% backwages.
2. Mr Hardik Rawal, learned counsel for the petitioner has submitted that the parties have settled their dispute and consent terms have been arrived at between the parties according to which the respondent is ready to waive part of his rights. He, therefore, stated that the matter is not required to be proceeded with on merits.
3. Pursuant to the notice issued by this court, Mr. Priyank P Jhaveri appears for the respondent workman. He has placed on record the consent terms in which it is mentioned as under:
"4.
Without prejudice to the rights and contentions of the respondent no. 1 workman, the respondent most respectfully submits that the respondent is ready to reinstate as per the order passed by the learned Labour court in Ref (LCB) No. 420/1993 in the petitioner corporation and ready to waive the following rights.
A.
The amount of backwages as per the order passed by the learned Labour Court in Reg (LCB) No. 420/1993 as per order dated 25.02.2010 or as per order passed by learned Labour Court in Misc. Application No. 2/2010 dated 3.5.2011.
B.
The period from date of termination i.e. 24.07.1992 till the reinstatement of the respondent no. 1 workman, the said period shall not be consider as continuity of service subject to the period of date of joining i.e. 8.2.1985 to 23.07.1992 may be consider as period of continuity of service for the purpose of retirement and other benefits. The period from reinstatement till the retirement of the workman shall be considered while calculating the continuity of service and granting retirement benefits."
4. In view of the above, the award of the Labour Court is modified accordingly. The parties are directed to abide by the consent terms. The respondent workman shall be reinstated within a period of one month from today with partial continuity as mentioned in the consent terms without backwages. This petition stands disposed of accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.
(K.S.
JHAVERI, J.) Divya// Top