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Judgment
Heard Mr. V.K.Patel, learned advocate for the petitioner, and Mr. R.P.Mankad, learned advocate for the respondent.
In present petition, the petitioner company has challenged award dated 16.2.2012 passed by learned Labour Court at Bharuch in Reference (LCB) No.241 of 2003 whereby the learned Labour Court directed the petitioner company to reinstate the original claimant and also directed the petitioner company to pay 25% backwages.
Today, at the time of final hearing of present petition, learned counsel for the petitioner company and respondent workman jointly submitted that the petitioner company and the respondent workman have arrived at amicable settlement outside the Court and therefore, the petition may be disposed of in light of the terms of the settlement between the parties. 3.1 Mr. Patel and Mr. Mankad, learned advocates, jointly submitted that after the learned Labour Court passed the award, the company has already reinstated the claimant and the claimant is in service with the petitioner company since 2012 and that therefore, the direction to reinstate the respondent workman stands complied. It is further jointly submitted by learned advocates that so far as the direction to pay 25% backwages is concerned, the petitioner weeks, Rs.1 Lakh towards final settlement of all claims, disputes and demands of the respondent workman qua backwages. Mr. Mankad, learned advocate, submitted that the respondent workman has agreed to accept Rs.1 Lakh towards full and final settlement of the claim of backwages and all other claims, disputes and demands including the benefit flowing from the impugned award.
3.2 Mr. Patel, learned advocate for the petitioner company, submitted that the respondent workman has agreed to withdraw the recovery application which is filed by the workman and is pending with the learned Labour Court.
3.3 Mr. Mankad, learned advocate, confirmed the said fact and he also clarified that the respondent workman will withdraw the recovery application filed by him. He also stipulated that the respondent workman accepts the said sum of Rs.1 Lakh in full and final settlement of all claims, disputes and demands, etc. including those arise from the impugned award and no claim survives hereafter. He also clarified that if any claim, dispute or demand or matter is pending shall be waived/withdrawn.
Therefore, in view of joint statement, submission and request by learned advocates, following order is passed:- [a] The respondent workman is reinstated in service and therefore, the said direction stands complied and any dispute with regard to said direction does not survive.
[b] So far as direction to pay 25% backwages is concerned, the petitioner company will pay and the respondent workman will accept a sum of Rs.1 Lakh in full and final settlement of the said claim/right towards backwages and the said payment/amount will cover the period from the date of termination till the date of award and also the period from the date of award till the date of actual reinstatement.
The respondent workman shall also withdraw the recovery application upon payment of Rs.1 Lakh.
The petitioner company will pay the said amount of Rs.1 Lakh within four weeks. With aforesaid direction, the impugned award is partly modified and upon payment of Rs.1 Lakh, the impugned award shall stand fully complied. Present petition is partly allowed and accordingly stands disposed of. Rule is made absolute to the aforesaid extent.