SHARAD KNOTTERS vs RAMLAKHANSINH N RATHOD & ANR

In present petition, the petitioner has prayed, inter alia, that:- "5(a) Your Lordships be pleased to issue a writ of certiorari and/or any other appropriate writ, order or direction in the like nature quashing and setting aside the impugned award dated 1-5-2008 passed in Reference (LCA) No.1836/2000 by the Labour Court, Ahmedabad, at Annexure-A;"

This petition was listed in Cause List for Final Hearing on 18.1.2017. After making submissions to some extent, learned advocate for the petitioner and learned advocate for the respondent jointly submitted that the parties are making efforts for amicable settlement outside the Court.

Therefore, so as to enable the petitioner and the respondent to arrive at amicable settlement, time was granted and the proceedings was deferred/adjourned. Thereafter, the petition, after being listed on 19.1.2017, is listed in today''s Cause List for Final Hearing.

Today, when the petition is called out and taken up for final hearing, Mr. Patel, learned advocate for the petitioner company, and Mr. U.T.Mishra, learned advocate for the respondent claimant, jointly submitted that the parties have, after deliberations and discussions, arrived at an amicable settlement outside the Court and the petitioner company has agreed to pay Rs.1.25 Lakhs in full and final settlement of all claims, disputes and demands of the workman including those flowing from the award impugned in present petition and the workman has agreed to accept the said amount in full and final settlement of his own claims, disputes and demands including those which arise from the impugned award. 4.1 With the said submission, learned advocate for the petitioner company and the learned advocate for the respondent jointly submitted that the petition may be disposed of in terms of the settlement arrived at outside the Court between the parties.

4.2 Mr. Patel, learned advocate for the petitioner company, however, clarified that pursuant to one of the interim orders passed by the Court, the original claimant was re-engaged by the company w.e.f. 17.5.2009 and he worked with the company until the date on which he attained age of superannuation, i.e. 12.7.2010. Mr. Mishra, learned advocate, on the basis of the instructions from the workman confirmed the said factual aspect.

4.3 Therefore, the dispute survives only with regard to backwages which also is, now, settled pursuant to deliberations and discussions between the parties.

4.4 Mr. Patel and Mr. Mishra, learned advocate, jointly submitted that the petition may be disposed of in light of the said settlement.

4.5 Mr. Patel, learned advocate for the petitioner company submitted that Mr. Khush S. Kinariwala, partner of the petitioner company, is present in the Court, and Mr. Mishra, learned advocate for the respondent workman identified Mr. Ramlakhansinh N. Rathod - respondent herein - workman who is also present in the Court and the said respondent workman declared that he has accepted the settlement towards full and final settlement. The partner of petitioner also accepted that the dispute is amicably settled outside the Court.

Therefore, following order is passed:- [a] In view of amicable settlement arrived at between the parties, it is agreed that the petitioner company will pay, within four weeks, sum of Rs.1.25 Lakhs to the original claimant - present respondent - workman. The said payment of Rs.1.25 Lakhs will be made by way of full and final settlement of all claims, disputes and demands, etc. between the parties. The respondent workman has agreed to accept the said amount in full and final settlement of all claims including those flowing from the impugned award. On such payment the dispute, claim, demand, etc. shall stand fully and finally settled between the parties. Consequently, the award impugned in present petition is modified in terms of the settlement between the parties. The petition is accordingly partly allowed. Rule is made absolute to the aforesaid extent.