Gujarat High Court
Kanoria Chemical Industries Ltd vs Desai Pareshkumar Shyamlal on 9 May, 2018
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/20786/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20786 of 2016
KANORIA CHEMICAL INDUSTRIES LTD
Versus
DESAI PARESHKUMAR SHYAMLAL
Appearance:
MRS YOGINI V PARIKH(2163) for the PETITIONER(s) No. 1
MR AJ YAGNIK(1372) for the RESPONDENT(s) No. 1
NOTICE SERVED(4) for the RESPONDENT(s) No. 1,2
CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 09/05/2018
ORAL ORDER
1. Heard Ms. Parikh, learned advocate for the petitioner and Mr. V.M. Vyas, learned advocate for Mr. A.J. Yagnik, learned advocate for the respondent workman.
2. In present petition the petitioner has prayed, inter alia, that:-
"10 (B) Your Lordships may be pleased to issue a writ of Mandamus or a writ in nature of mandamus or any other appropriate writ or order holding and declaring that the impugned award is violative of Article 14 & 19(1)(g) and is without jurisdiction and is ab initio void and non-est besides being illegal and arbitrary; (C) Your Lordships may be pleased to issue a writ of mandamus or a writ in nature of mandamus or a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ order or directions quashing and setting aside the impugned award dated 14.10.2016; passed by Ld. Labour Court, Bharuch in Ref (LCB) No. 212 of 2013; granting reinstatement with 20% backwages and continuity of services."
3. The petitioner employer is aggrieved by award dated 14.10.2016 passed by learned Labour Court at Bharuch in Reference (LCB) No. 212 of 2013 whereby learned Labour Page 1 of 6 C/SCA/20786/2016 ORDER Court partly allowed the reference and directed the employer to reinstate the claimant on his post with continuity of service and 20% backwages.
4. Being aggrieved by the said award, the employer has taken out present petition.
5. Learned advocate for the petitioner and learned advocate for the respondent jointly submitted that during pendency of present petition the parties directly entered into process of discussion and deliberation for overall full and final settlement of entire dispute.
6. Learned advocate for the petitioner and learned advocate for the respondent jointly submitted the parties conducted the discussion and deliberation outside the Court and as a result of the discussion and deliberation between the parties, an amicable settlement is arrived at outside the Court between the parties i.e. employer and the workman.
7. Learned advocates for the employer and workman jointly submitted that the parties have arrived at an Page 2 of 6 C/SCA/20786/2016 ORDER amicable full and final settlement of all disputes between them and the terms and conditions of the said full and final settlement are agreed upon and settled between the parties outside the Court and that such terms and conditions of the full and final settlement are reduced into writing in form of Memorandum of Settlement (content terms) dated 7.5.2018.
8. Learned advocate for the petitioner and respondent jointly submitted, on record of this petition, the said full and final settlement (consent terms) dated 7.5.2018 which is, as declared in the Memorandum of Settlement arrived at under Section 2(P) and Section 18(1) of Industrial Disputes Act, 1947.
9. Learned advocate for the petitioner and learned advocate for the respondent jointly submitted that the award may be modified in terms of the settlement and the petition may be disposed of in terms of the settlement.
10. Learned advocate for the petitioner and learned advocate for the respondent jointly submitted that the concerned parties i.e. workman and the representative of the employer are present in the Court.
Page 3 of 6 C/SCA/20786/2016 ORDER
11. Learned advocate for the respondent identified original claimant before learned Labour Court (i.e. present respondent /workman).
12. The said respondent (workman) declared that he has understood the terms and conditions of the settlement and he has voluntarily and without any influence or coercion entered into said settlement and he has consciously and voluntarily accepted the terms and conditions mentioned in the Memorandum of Settlement dated 7.5.2018.
13. According to the terms of the settlement the employer has agreed to pay a sum of Rs.2,75,000/- towards full and final settlement of all claims, demands, disputes etc. including those flowing from the award which is impugned in present petition and the workman has agreed to accept the said amount in full and final settlement of his all claims, disputes demands including those flowing from the award.
14. It is also understood that now any dispute or demand does not survive and if there is any dispute or proceedings pending between the parties the same shall be deemed to Page 4 of 6 C/SCA/20786/2016 ORDER have been settled / withdrawn.
15. Learned advocate for the respondent after taking instruction from the respondent who is present in the Court, submitted that the employer has paid cheque for Rs.2,75,000/- and accordingly the respondent has received the said amount mentioned in the memorandum of the settlement.
16. Since learned advocate for the petitioner and learned advocate for the respondent have jointly requested that the Memorandum of Settlement may be taken on record and the award may be modified and the petition may be disposed of in terms of the settlement dated 7.5.2018, following order is passed:-
The Memorandum of Settlement dated 7.5.2018 which is signed by the workman and the representative of the employer, is taken on record.
The signature of the workman and the representative of the employer are identified by the learned advocates.
The amount agreed upon between the parties is paid to the workman and accordingly settlement is acted upon. Page 5 of 6 C/SCA/20786/2016 ORDER
Therefore, the award dated 14.10.2016 passed by learned Labour Court at Bharuch in Reference (LCB) No. 212 of 2013 is modified in terms of the Memorandum of Settlement dated 7.5.2018.
Accordingly the petition stands disposed of in terms of the Memorandum of Settlement dated 7.5.2018.
(K.M.THAKER, J) SURESH SOLANKI Page 6 of 6