N.P. Jayaram vs The Management of Triveni Engineering and Industries Ltd. <BR> Triveni Engineering and Industries Ltd. Vs N.P. Jayaram

S. Abdul Nazeer, J.—Learned counsel for the parties submit that the matter has been settled between the parties amicably. They have filed a joint memo reporting the terms of settlement, which is as under"

The management has, on this day paid to the workman, a sum of Rs. 7,00,000/-(Rupees seven lakhs only), as detailed below by two demand drafts in favour of the workman in full and final settlement of all the claims of the workman including his claim towards back wages, leave wages, bonus, gratuity, compensation in lieu of reinstatement etc.,

a. Rs. 1,90,350/- being Gratuity amount by DD bearing No. 066669 dated 29.5.2014 drawn on Axis Bank, Mysore.

b. Rs. 5,09,650/- being other benefits by DD bearing No. 066668 dated 29.5.2014 drawn on Axis Bank, Mysore.

The workman acknowledges receipt of the amount referred to in clause (1) above, in full and final settlement of all his claims against the management including his claims towards back wages, leave wages, bonus, gratuity, compensation in lieu of reinstatement, etc.,

It is agreed between the parties that this settlement terminates the jural relationship of employer-employee between the management and the workman.

It is further agreed that the workman shall have no more claims whatsoever either monetary or otherwise against the management in respect of services rendered by him to the management and or in respect of his non-employment.

It is specifically agreed between the parties that the workman shall not be entitled to either reinstatement or reemployment or fresh employment in M/s. Triveni Engineering and Industries Ltd., or in any other establishments of the management.

The management humbly prays that this Hon''ble Court may be pleaded to permit the workman to spread over the amount paid under this settlement from the date of termination i.e. 14.9.2000 till 31.5.2014 to enable the workman to take the benefits of relief under Sec. 89 of the Income Tax Act and or any other provision of the Income Tax Act, 1961, as per judgment of the Hon''ble Supreme Court in the case of Sundaram Motors Pvt. Ltd. Vs. Ameerjan and Another, .

Both the parties humbly pray that this Hon''ble Court may be pleased to modify the award dated 3.3.2009 passed by the Hon''ble Labour Court, Mysore, in IID No. 450/2000 and dispose both the writ petitions in terms of this joint memo in the interest of justice and equity.

Sri. N. Subramanian, Additional Manager, HR & Admn., of the employer/company and Sri. N.P. Jayaram, the workman are present before the Court and they are identified by their learned advocates.

Learned counsel for the Management has handed over two DDs'' to the learned counsel for the workman in terms of Clause (1.) of the joint memo.

The Joint memo is placed on record. The award impugned herein stands modified in terms of the joint memo and the writ petitions are accordingly disposed of. No costs.