(Per : HONOURABLE MR.JUSTICE A.L.DAVE)
1. Learned advocate Mr.Varun K.Patel for the appellant and respondent Mr.Mahesh J.Bhavsar - party-in-person are present. Mr.Deveshbhai Govindbhai Patel, Proprietor of Vatsalya Enterprise - appellant is also present. They placed on record a compromise purshis whereby the respondent has agreed to accept Rs.2 lakhs as an amount in full and final settlement of the dispute between him and the appellant. He is being paid Rs.1 lakh by way of demand draft dated 6.2.2012 drawn on Makarpura Industrial Estate Cooperative Bank Limited, GIDC Estate, Makarpura, Vadodara bearing No.027716 and the cheque drawn on the same bank dated 23.2.2012 bearing No.704265 for Rs.1 lakh in favour of respondent Mr.Mahesh J.Bhavsar, totalling to Rs.2 lakhs. It is also agreed that an amount of Rs.62,394/- which has been disbursed to the respondent under the order of this court passed in First Appeal No.1220 of 2010 will remain with the respondent as a part of the settlement. The parties have agreed that an amount of Rs.77240/- which is deposited in the court and placed in the nationalized bank is to be refunded to Mr.Deveshbhai G.Patel - Proprietor of Vatsalya Enterprise. Thus, in the light of receipt of Rs.2,62,394/-, the respondent has waived all his claims, rights and disputes with Vatsalya Enterprise and/or Mr.Deveshbhai G.Patel or Raju Engineering.
2. We have taken the said settlement terms on record duly signed by Patel Deveshbhai Govindbhai who has been identified by Mr.Varun K.Patel, learned advocate for the appellant and the respondent Mr.Mahesh J.Bhavsar who has been identified by Mr.Deveshbhai Govindbhai Patel, Proprietor of Vatsalya Enterprise. The respondent has also acknowledged the receipt of the draft and cheque under his signature. Handing over of the said draft and the cheque has taken place in the open court in our presence.
3. In the light of this settlement, Letters Patent Appeal Nos.2042 of 2011 and 1982 of 2011 would not survive and stand disposed of as the respondent has waived all his rights under section 17-B of the Industrial Disputes Act, 1947 as well.
4. Special Civil Application No.9752 would stand disposed of as the order of reinstatement in service with 50% back wages and other benefits stand set aside.
5. So far as First Appeal No.1220 of 2010 is concerned, in the light of the above settlement, the amount of compensation stands merged with the amount paid to the respondent and the amount paid to the respondent workman would include the compensation to which he may be legitimately eligible or entitled. The First Appeal, therefore, would stand disposed of accordingly.
6. In the light of the settlement, the Commissioner under the Workmen Compensation Act at Vadodara is directed to refund the amount of Rs.77,240-/- to Mr.Deveshbhai Govindbhai Patel. The amount of interest which may have accrued till then will be entitlement of the respondent which he may claim.
7. This court is informed by the respondent that out of Rs.62,394/-, some amount is placed in the bank in the fixed deposit by the Commissioner under the Workmen Compensation Act at Vadodara and the respondent is being paid only interest thereon. We clarify that now that the respondent is held to be entitled to the said amount, he would be entitled to withdraw the same along with the interest accrued thereon.
8. Copy of this order shall be placed in Letters Patent Appeal No.1982 of 2011, Civil Application No.12224 of 2011, Special Civil Application No.9752 of 2009 and First Appeal No.1220 of 2010 along with xerox copy of the settlement. There shall be no order as to costs in any of the matters.
9. Civil Applications stand disposed of.
(A.L.Dave,J) (Mohinder Pal,J) pathan