1. By way of this petition, the petitioner has prayed to quash and set aside the judgment and award of the Labour Court, Anand, rendered in Reference (L.C.N.) No.123/1995, dated 30.04.2005, whereby the Tribunal partly allowed the said reference.
2. Brief facts leading to the filing of the present petition are that the respondent, herein, was served with a show-cause notice on 29.07.1995 by the petitioner, comprising of several charges levelled against him. Pursuant thereto, an inquiry was conducted and the charges levelled against the respondent workman were held to be proved. On completion of the inquiry, the respondent workman was served with another notice, seeking his explanation as to why his services should not be terminated, and since, the explanation offered by the respondent workman was not found to be satisfactory, his services were came to be terminated with effect from 29.08.1995. Being aggrieved thereby the respondent workman, raised industrial dispute which culminated into the reference in which the Labour Court passed the impugned judgment and award. Hence, the present petition.
3. Heard, learned Counsel for the parties and perused the material on record. In view of the fact that the substantial time has elapsed from the date of termination of the services of the respondent workman i.e. 29.08.1995, a suggestion was put forward by the Court to the learned Counsel for the parties to explore the possibilities to see that the matter could be settled by paying a lump sum compensation in lieu of reinstatement, backwages etc..
4. Today, the learned Counsel for the petitioner, Mr. Patel, stated that the petitioner is ready and willing to pay an amount of Rs.65,000/- towards full and final settlement in lieu of reinstatement, backwages, retiral benefits etc. and Mr. Devnani, learned Counsel for the respondent workman, upon instructions from his client, stated that the respondent workman is ready and willing to accept the aforesaid amount, as stated above.
5. Under the circumstances, this petition is partly ALLOWED. The petitioner will pay an amount of Rs.65,000/- to the respondent workman towards full and final settlement in lieu of reinstatement, backwages, retiral benefits etc., within a period of ONE MONTH from today, failing which the respondent workman will be entitled to get interest at the rate of TEN per cent on the said amount, from the date of such default till realization, thereof. The judgment and award of the Labour Court, Anand, rendered in Reference (L.C.N.) No.123/1995, dated 30.04.2005, stands MODIFIED, accordingly. Rule is made absolute to the aforesaid extent. No order as to costs.
(K.S.JHAVERI, J.) UMESH