1.0 Special Civil Application No. 28945 of 2007 has been filed by the employer ( hereinafter referred to as “the petitioner”) and Special Civil Application No. 5956 of 2008 has been filed by Mr. Rajesh Shah ( hereinafter referred to as “the respondent).
2.0 Both petitions have been preferred challenging the Award dated 13.06.2007 passed by the Labour Court No.6, Ahmedabad in Reference ( LCA) No. 2129/91 whereby the petitioner was directed to reinstate the respondent with continuity of service and with 75% backwages with effect from 24.12.2001. The respondent preferred the petition for grant of full backwages.
3.0 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 petitioner agrees to pay to the respondent and the respondent agrees to accept the sum of Rs. 60,000/ ( Rs. Sixty Thousand Only) by way of full and final settlement of his disputes against the petitioner. The said sum of Rs. 60,000/ is paid to the respondent by way of full and final settlement of all the claims of the respondent including the claim for reinstatement, backwages, section 17B wages, terminal dues like gratuity, retrenchment compensaiton, leave encashment etc. and it is expressely understood that on payment of the said sum of Rs. 60,000/ to the respondent, no further disputes or claims whatsoever of the respondent will survive against the petitioner.
2. The respondent also agrees that he gives up his all rights and claims under the award dated 13.06.2007 passed by the Labour Court, Ahmedabad in Reference (L.C.A.) No. 2129/1991 such as reinstatement, consequential benefits, continuity of service, backwages, etc. in view of the presetn settlement. The respondent also gives up his claim qua full backwages and agrees to withdraw/ disposed of as not presses his cross petition being S.C. A. No. 5956 of 2008 in view of the present settlement.
3. The said amount of Rs. 60,000/ ( Rupees Sixty Thousand) is being paid by D.D. Cheque no. 001507 dated 18.12.2012.
4. The respondent also agrees that he has not taken out any other proceedings against the petitioner and if taken the same will be unconditioinally withdrawn in view of the present settlement.
4. The petitiner and the respondent have also agreed that the impugned award dated 13.06.2007 passed by the Labour Court, Ahmedabad in Reference ( L.C.A.) No. 2129/1991 may be modified accordingly in terms of the present settlement.
4.0 In view of the above, with the consent of the parties the judgement and award dated 13.06.2007 passed by the Labour Court, Ahmedabad in Reference ( L.C.A.) No. 2129/1991 is substituted in terms of the Consent Terms. The parties shall abide by the terms and conditions entered into in the consent terms executed between the parties.
5.0 Both the above petitions are disposed of accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.
(K.S.JHAVERI, J.) niru*