Court No. - 33
Case :- WRIT - C No. - 1645 of 2016 Petitioner :- M/S Mohini Tea Leaves Pvt. Ltd.
Respondent :- Amit Kumar Counsel for Petitioner :- Pradeep Kumar Sinha Counsel for Respondent :- Prashant Jaiswal,Yash Tandon
Hon'ble Manoj Misra,J.
Heard Sri P.K. Sinha for the petitioner; and Sri Yash Tandon for the respondent-workman (Amit Kumar).
Upon a reference as to whether the services of the respondent workman (Amit Kumar) was lawfully dispensed with on 21.05.2010 and, if not, to what relief the workman was entitled to, Adjudication Case No.27 of 2010 was registered in the Labour Court, which passed an award, on 15.04.2015, thereby declaring dispensation of service unlawful and directing reinstatement with 50% back wages. The said award was published on 02.11.2015.
Assailing the aforesaid award, this petition has been filed.
On 14.01.2016, an interim order was passed thereby staying operation of the award passed in Adjudication Case No.27 of 2010 subject to reinstatement of the respondent-workman within a period of four weeks from the date of the order.
Sri Yash Tandon, who appears for the respondent-workman, has stated that the respondent-workman has found another employment and he has come to a full and final settlement with the petitioner company as a consequence whereof in lieu of the benefits under the award the workman has agreed to receive a lump sum compensation of Rs.1,80,000/- which the petitioner company is willing to offer. An affidavit to that effect has also been filed today by the respondent-workman through his counsel Sri Yash Tandon, which has been taken on record.
Sri P.K. Sinha, who appears for the petitioner, has accepted the aforesaid statement and has handed over a cheque of Rs.1,80,000/- to Sri Yash Tandon for payment to the respondent-workman in furtherance of the settlement. He has, however, prayed that pursuant to the settlement, the award may be set aside. To which, Sri Yash Tandon, learned counsel for respondent-workman, has no objection.
In view of the above, in terms of the settlement, this petition is disposed of by setting aside the labour court's award dated 15.04.2015 passed in Adjudication Case No.27 of 2010 in lieu thereof, the petitioner shall be entitled to receive Rs.1,80,000/-, which has been provided to the respondent-workman through cheque which has been handed over to the learned counsel for the respondent-workman.
There is no order as to costs.
Order Date :- 25.4.2018 AKShukla/-