Learned counsels appearing for both the sides submitted that looking to peculiar facts and SCA/5383/2001 2/2 JUDGMENT circumstances and the fact that workman has passed away, in the fitness of thing, the employer will pay Rs.73,000/- to its full and final settlement to the heirs of workman on which, the workman's heir will have no further claim whatsoever arising out of the litigation.
Shri Rana, learned advocate appearing for heirs of workman in both the matters submitted that this would satisfy heirs of workman. However, while disposing of matters, the court may grant liberty to file appropriate application in case if there is non- agreement of either party as this talks had taken place on earlier occasion.
In view of this, the court is disposing of the matters by modifying the award in light of consensus arrived at between the counsels and now instead of reinstatement direction, the award is modified whereunder the employer shall pay Rs.73,000/- towards full and final settlement of the claim. The said payment should be made within 15 days from the date of receipt of order. Liberty to both the sides to approach the court in case of difficulties. Rule made absolute in both the matters to aforesaid extent. No costs. Direct service permitted.
(S.R.BRAHMBHATT, J.) pallav