1. By of this petition under Articles 226 & 227 of the Constitution of India, the petitioner has prayed for the following reliefs :
(“a) The Honourable Court be pleased to issue a writ of certiorari or any other writ, order or direction, declaring the order dated 16.10.2002 passed by Industrial Court, Surat in Appeal (IC) No. 29/2001 as null and void in view of Sec. 22 of Sick Industrial Companies (Special Provisions) Act, 1985 and be further pleased to quash and set aside the said order by declaring the same as illegal, perverse, unreasonable and contrary to the evidence on record and be further pleased to allow the Special Civil Application;
(b) Pending hearing and final disposal of present Special Civil Application be pleased to stay the execution, implementation and operation of the order dated 16.10.2002 passed by Industrial Court, Surat in Appeal (IC) No. 29/2002;
(c) Be pleased to grant any other and further relief as think fit and proper in the facts and circumstances of the case.”
2. This Court (Coram: N.G. Nandi, J.) on 20.12.2002 was pleased to pass the following order :
“1. Mr. R.H. Mehta, learned advocate for the petitioners has placed on record draft amendment along with the certified standing orders of the petitioner company.
2. Heard.
3. Notice for settlement to issue to the respondents, returnable on 27/1/2003.”
3. Thereafter, this Court (Coram : Ms. R.M. Doshit, J.) on 26.9.2003 was pleased to pass the following order :
“Heard the learned advocates. RULE.
The learned advocate Mr. B.S.Patel waives service of rule.
Pending this petition there shall be interim relief in terms of paragraph 15(b).”
4. Mr. Rajni H. Mehta, learned Counsel appearing for the petitioner as well as Mr. Chirag B. Patel for Mr. B.S. Patel, learned Counsel appearing for the parties states that without recording reasons the matter may be disposed of as the parties have amicably resolved the dispute involved in the present petition, the impugned order passed in Appeal (IC) No.29 of 2001 be modifed and in lieu of termination the petitioner shall pay compensation of Rs.75,000/-
(Rupees Seventy Five Thousand only) to the respondent workman as full and final settlement within a period of eight weeks from today by Account Payee cheque drawn in favour of heirs of respondent No.1 – Mahipatsinh Harubha Zala to Mr. Kishorsinh M. Zala who is respondent No.1/1 in the present petition. The learned Counsel further submitted that this order shall not be treated as precedent in any other case and this order is passed in view of the agreement arrived at between the parties by way of amicable solution.
5. In view of the above, the petition is disposed of. Rule made absolute only to the aforesaid extent with no order as to costs.
Sd/-
(R.M. Chhaya, J.) M.M.BHATT