1. Heard.
Laxman Prasad Musafir, present respondent.
2. In view of the suggestion of the Court that instead of reinstatement with continuity of service and back wages, Rs.80,000/- will be paid to him, which will be the full and final compensation. However, he has shown his willingness and stated that Rs.1,00,000/- would be just and proper. Pursuant to which the application was prepared in presence of local representative namely S.P. Choudhary. The application is taken on record.
3. In that view of the matter, the order of the Reference Court is modified as under:-
(I) The petitioner will pay Rs.1,00,000/- to respondent in lieu of his reinstatement with continuity of service and 50% back wages, as full and final settlement.
(ii)The petitioner will pay the said amount within a period of four weeks from today, if the amount is not paid within four weeks the respondent will be entitled to interest at the rate of 9% per annum on the said amount from the date when it becomes due until it is realized.
(iii) If the petitioner is not paid the said amount within the stipulated time to the respondent, it will be open to the respondent to move for execution or file an appropriate application before this Court for revival of this petition.
(iv) The amount will be paid by an account payee cheque or by a demand draft by R.P.A.D. on the following address:-
"Shri Laxmanprasad Musafir, 121, Rajeev Nagar, Near Adinath Nagar, Behind Ashish Cinema, Odhav, Ahmedabad."
4. It is clarified that the allegations made against the petitioner or his lawyer by the respondent are deprecated and it is directed that in future he will not follow such practice.
5. With the above observations and directions, the present petition stands disposed of.
(K.S.JHAVERI,J.) pawan Top