Allahabad High Court
Brahmavart Commercial ... vs P.O. Labour Court I And Others on 24 January, 2023
Bench: Umesh Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved On: 21.11.2022
Delivered On:24.1.2023
Court No. - 72
Case :- WRIT - C No. - 1049 of 2001
Petitioner :- Brahmavart Commercial Cooperative Bank Ltd.
Respondent :- P.O. Labour Court I And Others
Counsel for Petitioner :- Rakesh Tiwari,H.R.Mishra
Counsel for Respondent :- C.S.C.,K.K. Nirkhi,S.K.Dwivedi,Sarita Jhingan
Hon'ble Umesh Chandra Sharma,J.
1. The present petition has been filed with the following prayer:-
i) Issue a writ order, or direction in the nature of certiorari quashing the order dated 22.9.2000 (Annexure No.9) passed by respondent no.2.
ii) Issue a writ order, or direction in the nature of mandamus commanding the respondents not to recover any amounts to the petitioner.
iii) Issue, any other writ order, or direction in the nature of which this Hon'ble Court may deem fit and proper in the circumstances of the present case.
iv) To award the cost of present writ petition in favour of the petitioner.
2. On 21.11.2022 after hearing the learned counsel for the petitioner and Shri Jitendra Narain, the learned Additional Chief Standing Counsel for the State-respondents, the case was reserved for judgment. While the matter was being dictated, the learned counsel for the petitioner informed that the matter has been amicably settled between the parties through Mediation and Reconciliation Centre of this Court and it was prayed that the writ petition be decided in terms of the settlement agreement between the parties.
3. Vide order dated 11.08.2022 the Ho'ble The Chief Justice had referred the matter to the Mediation and Conciliation Centre. A report dated 23.11.2022 of the Registrar, AHCMCC, has been received whereby it has been informed that the petitioner and respondent no.3 have entered into a settlement agreement on 22.11.2022. Therefore, the case is being decided in terms of the settlement agreement dated 22.11.2022.
4. As per clause 6 of the settlement agreement dated 22.11.2022, the following settlement has been made between the parties-
a) That the dispute is between Brahmavart Commercial Cooperative Bank Ltd. (Applicant) and Sri Rajendra Kumar Dixit (Respondent No.3) for job/service.
b) That Sri Satya Prakash Mishra representative of Brahmavart Commercial Cooperative Bank Ltd. along with authority letter issued by Bank is present and other side Sri Rajendra Kumar Dixit are present for execution of Settlement Agreement. Authority letter issued by Brahmavart Commercial Cooperative Bank Ltd. is annexed to this Settlement Agreement.
c) That Sri Rajendra Kumar Dixit was serving with Brahavart Commercial Cooperative Bank Ltd. as Clerk cum Cashier, he was terminated on 26.10.1993, then he started litigation.
d) That Sri Satya Prakash Mishra reprentative of Brahavart Commercial Cooperative Bank Ltd. and Sri Rajendra Kumar Dixi have decided to settle their dispute on the condition that a FD for a sum of Rs. 79993//- (Rs. seventy nine thousand ninety three only) has been made with Labour Court-1, Kanpur Nagar on 27.8.1998 shall be released in favour of Sri Rajendra Kumar Dixit along with its interest. Maturity amount shall become Rs. 06 Lakhs approx.
e) That as such dispute between the parties have resolved amicably. Now no dispute exists between them.
f) That hereafter parties have no further claim against each other of any nature with regard to the present case and will not litigate in future against each other with regard to the present case.
g) That it has been agreed between the parties that the all Criminal and Civil cases filed by them or their family members against each other shall be set a side/withdrawn/quashed by them by taking appropriate steps before the Court/Authorities concerned within one month from this Settlement Agreement.
h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement and also not litigate in future in connection with this case.
5. Considering the fact that the parties have resolved their dispute and have undertaken to withdraw the proceeding of the case, the present petition is disposed of in view of the settlement agreement dated 21.11.2022 which shall part form of this judgment.
Order Date :- 24.1.2023
S.Verma
(Umesh Chandra Sharma,J.)
