Allahabad High Court
M/S Mentha And Allied Products Ltd. Thru ... vs Labour Court U.P. And Another on 21 July, 2022
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 9712 of 2017 Petitioner :- M/S Mentha And Allied Products Ltd. Thru Auth. Signatory Respondent :- Labour Court U.P. And Another Counsel for Petitioner :- Shakti Swarup Nigam,Alok Kumar Srivastava Counsel for Respondent :- C.S.C.,Arvind Kumar Singh Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Shakti Swarup Nigam, Senior Advocate, assisted by Shri Alok Kumar Srivastava, learned counsel for the petitioner and Shri Arvind Kumar Singh, learned counsel for the respondent workman.
2. Present revision has been filed by the employer against the award of the Labour Court, Bareilly, dated 8.8.2016 in Adjudication Case No. 57 of 1997. By that award, Labour Court had granted lump-sum compensation of Rs. 4,00,000/- to the respondent workman. The above adjudication case had arisen on following reference made to the Labour Court:
"Kya Sewayojakon Dwara Apne Shramik Shri Umesh Chandra Verma Putra Shri Brijlal Verma, Pad Operator Ko Dinaank 12.2.96 Se Naukri Se Prithak Kiya Jaana Ucchit/Vaidhanik Hai? Yadi Nahin Toh Karamchari Kis Hitlaabh/Chhatipurti Paane Ka Adhikari Hai?"
3. While various arguments were advanced, at the same time, on the suggestion of the Court, the petitioner has offered to pay lump-sum compensation Rs. 3,00,000/- to the respondent workman in lieu of all claims under the award and other laws including gratuity, by way of full and final settlement.
4. Upon telephonic instructions received by Shri Singh, it has been informed that the respondent workman is agreeable to the offer so made by the petitioner. Accordingly, no useful purpose would be served in making adjudication on merits.
5. Upon consent of the parties that has now arisen, the impugned award is modified to the extent that the amount Rs. 3,00,000/- be paid to the respondent workman by the petitioner towards all his claims under the impugned award and other laws including gratuity, by way of full and final settlement. Such amount may be deposited to the Labour Court within a period of one month whereupon the same may be released in favour of respondent workman. In case, the petitioner fails to deposit such amount, it may be further obligated to deposit the same along with interest @ 8% from today till the date of actual payment.
6. Writ petition stands partly allowed.
Order Date :- 21.7.2022 Prakhar