1.0 Rule.
Mr. P.C. Chaudhry, learned advocate waives service of notice of rule on behalf of the respondents.
2.0 The petitioner in the above petition has challenged the order dated 10.05.2011 passed by the Labour Court No.4, Ahmedabad by rejecting Exh. 1 and 2 applications of the petitioner.
2.0 Heard the learned Advocates for the respective parties. As a result of hearing a consensus has been arrived at between the parties in pursuance of which consent terms have been produced which are taken on record. The consent terms are as under:
"1.
That the respondent No.2 agrees that he has never worked for the petitioner in any of his company, sister concern, affiliates, job worker etc and also declares that the petitioner is not the manager, owner and/or administrator of Shreenath Enterprise
2. That the petitioner agrees to pay to the respondent No.2 and respondent No.2 agrees to accept the sum of Rs. 27500/- ( Rupees Twenty Seven Thousand Five Hundred Only) on humanitarian grounds. The said amount of Rs. 27500/- is paid to the respondent No.2 on humanitarian grounds and towards full and final settlement of any and all the claims of the respondent against petitioner, and it is expressly against petitioner, and it is expressly understood that on payment of the said amount of Rs. 27500/-. no further disputes or claims whatsoever of the respondent No.2 will survive against the petitioner.
3. the respondent No. 2 agrees that the recovery certificate issued dated 11.032012 by the learned Labour Court is not against the petitioner and the petitioner is not suppose to pay the the amounts as stipulated in the said recovery certificate. The respondent No.2 further agrees that against the said consideration, the respondent shall withdraw all the pending claims if any against the petitioner, within Seven working days from the date of filing of the present consent terms.
4. The said amount of Rs. 27500/- will be paid within seven working days from the date of recording the consent terms
5. It is being mutually agreed that the petitioner would be allowed to withdraw an amount of Rs. 83460/- ( Rupees Eighty Three Thousand Four Hundred and Sixty Only) as deposited by it before the Mamlatdar, Alien Recovery Branch, Ahmedabad on 28th march, 2012 as per the Hon'ble Courts direction and shall also be entitled for interest, if any, accrued thereon till date on the said amount.
6. The respondent No.2 also agrees that he or any of his agents, heirs etc has not taken out any other proceedings against the present petitioner and if taken, the same will be unconditionally withdrawn in view of the present settlement.
7. The petitioner and respondent No.2 have also agreed that the impugned notice issue by the Allien Recovery officer dated 05.04.2005 and 13.06. 2005, which is annexed at Annexure D ( colly) to the petition, may be modified accordingly in terms of present settlement"
3.0 In view of the above with the consent of the parties the impugned notice dated 04.05.2005 and 13.06.2005 issued by the Alien Recovery Officer is modified in terms of the Consent Terms.
4.0 The amount agreed will be paid to the parties as per consent terms. On making necessary payment the respondent shall issue receipt for the same. On production of the said receipt the concerned authority will issue the cheque in favour of the petitioner for the amount deposited by the petitioner.
5.0 The petition stands disposed of accordingly. No order as to costs. Rule is made absolute.
(K.S.JHAVERI, J.) niru* Top