(Per : HONOURABLE MR.JUSTICE A.L.DAVE) At the request of parties, the matters are taken up for hearing and final disposal today.
2. Learned Senior Advocate Mr. K.M. Patel with learned advocate Mr. Jigar Patel states that the parties have arrived at a settlement and learned advocate for the respondent also concedes to the situation.
3. Learned advocates placed on record the consent terms duly signed by the parties and identified by their respective advocates.
4. The respondent was working with a company which was taken over by the appellant, whose services came to be terminated by the earlier management. He had, therefore, approached the Labour Court with a reference, where, the Labour Court ordered his reinstatement without back wages.
4.1 The said award passed by the Labour Court came to be challenged by the appellant before this Court by preferring Special Civil Application No.10894 of 2010 which came to be dismissed by the learned Single Judge by order dated 15.10.2010. The employer has, therefore, preferred this appeal.
5. By virtue of terms of settlement, the workman is to be paid Rs.5 lakhs (Rupee five lakhs only) as a lump-sum amount in lieu of his reinstatement and all other claims made by him, subject to his withdrawing all the litigations against the employer.
6. The appellant is represented by Mr. Kishor P. Pathak, Site Head of the appellant at Panoli Factory, Ankleshwar, whereas, the respondent is personally present. Both of them accept and agree that they have entered into this settlement as narrated hereinabove. They also placed on record the consent terms duly signed by both of them on each page. The signatures have been duly identified by the respective learned advocates.
7. In light of this situation, the award of the Labour Court as well as order of the learned Single Judge is substituted in terms of settlement. The parties shall abide by settlement. Appeal stands disposed of. No order as to costs.
8. In view of above, no order is required to be passed in Civil Application No.889 of 2012, Civil Application No.890 of 2012 and Civil Application No.891 of 2012. Accordingly, all civil applications are disposed of.
[A.L.
Dave, J.] [Mohinder Pal, J.] #MH Dave Top