Bombay High Court

Ajit Hiraman Manohar vs Sahara India Corporation Ltd. And 7 ... on 2 September, 2024

Author: Madhav J. Jamdar

Bench: Madhav J. Jamdar

2024:BHC-OS:13538                                                        12-WP-3565-2019+.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                       WRIT PETITION NO.3565 OF 2019
                    Ajit Hiraman Manohar                        ...Petitioner
                           Versus
                    Sahara India Corporation Ltd. & Ors.        ...Respondents
                                                  WITH
                                   WRIT PETITION NO.2691 OF 2018

                    Sahara India Kamgar Sanghatana                           ...Petitioner
                         Versus
                    Sahara India Corporation Ltd. & Ors.                     ...Respondents


                    Mr. F. R. Mishra i/b. Mr. Prashant Goyal, Advocates, for the
                    Petitioner in WP/3565/2019 and WP/2691/2018.
                    Mr. Mahesh Shukla a/w. Mr. Niraj Prajapati, Advocates, for the
                    Respondent in WP/3565/2019 and WP/2691/2018.
                    Mr. Somesh Bose, General Manager (through Video Conference) of
                    Respondent in WP3565/2019 and WP2691/2018.
                    Mr. Ajit H. Manohar, Petitioner present in WP/3565/2019.
                    Mr. Robert D'souza, President of Sahara India Kamgar Sanghatana,
                    present.


                                               CORAM:     MADHAV J. JAMDAR, J.

                                               DATED :    2nd SEPTEMBER 2024
                    P. C.:

1. Heard Mr. Mishra, learned Counsel appearing for the

Petitioner in Writ Petition No.3565 of 2019 and Writ Petition

No.2691 of 2018 and Mr. Mahesh Shukla learned Counsel

appearing for the Respondents in Writ Petition No.3565 of 2019

and Writ Petition No.2691 of 2018.

Sonali

12-WP-3565-2019+.DOC

2. Learned Counsel appearing for the Petitioner and the

Respondents state that the parties have settled the dispute. Both of

them state that an amount of Rs.6,00,000/- will be paid to the

Petitioner-Sahara India Kamgar Sanghatana ("Union") towards full

and final settlement of claim of the Petitioner-Ajit Hiraman

Manohar and said Union shall disburse the amount to the

Petitioner-Ajit Hiraman Manohar in Writ Petition No.3565 of 2019.

3. Mr. F. R. Mishra, learned Counsel appearing for the Union

states that out of the said amount of Rs.6,00,000/-, an amount of

Rs.1,00,000/- will be deducted by the Union and an amount of

Rs.5,00,000/- will be paid to the Petitioner-Ajit Hiraman Manohar.

4. The Consent Terms in Writ Petition No. 2691 of 2018 are

signed by Mr. Robert D'souza, President of the Union. The Consent

Terms are also signed by Mr. Mishra, learned Counsel appearing for

the Petitioner. He identifies the signature of Mr. D'souza. Mr.

D'souza, who is personally present in Court states that the Consent

Terms in Writ Petition No.2691 of 2018 are signed by him and he

states that the dispute between the parties has been settled in

terms of the Consent Terms.

Sonali

12-WP-3565-2019+.DOC

5. The Consent Terms are also signed by Mr. Somesh Bose,

General Manager of Respondent-Corporation, who is present

before this Court through Video Conference. He states that

signature on the Consent Terms filed in Writ Petition No.2691 of

2018 is his signature. The Consent Terms are also signed by

learned Advocate appearing for the Respondents. Learned

Advocate appearing for the Respondents identifies signature of Mr.

Bose.

6. Accordingly, the Consent Terms in Writ Petition No.2691 of

2018 are taken on record and marked 'X' for identification. The

Consent Terms reads as under:

" CONSENT TERMS

1) The Parties in the present petition have amicably resolved the issue arising in the present petition.

2) The Petitioner has challenged the Judgment dated 26/04/2018 passed by the Hon'ble Industrial Court in the Complaint (ULP) No. 324 of 2016 thereby being aggrieved of the negative observation concerning the issues 1,2 and 4 framed in Complaint (ULP) No. 324 of 2016, more particularly the aspect of item 3 of Schedule IV of MRTU and PULP Act.

3) The Petitioner has to state that Complaint (ULP) No. 324 of 2016 was filed by them on behalf of its

Sonali

12-WP-3565-2019+.DOC

member employees including Ajit Manohar. It is the case of the Respondent, that Mr. Ajit Manohar has not abided by the Transfer order and has not reported for duty.

4) Now, by the settlement arrived between the parties the petitioner, concerned Mr. Ajit Manohar shall resign from employment and thereby recall all his rights and contentions against the employer.

i. The Petitioner shall receive an amount of Rs.600000/-( Rs. Six Lakhs Only ) towards his full and final settlement of arising out the resignation of the concerned Mr. Ajit Manohar and that Petitioner shall disburse the said amount to Mr. Ajit Manohar. ii. It is further agreed that the amount therein paid to Petitioner shall include Gratuity, PF contributions, leave encashment, Bonus, arrears of Wages (if any), and all dues to which Mr. Ajit Manohar would have been entitled from Sahara India. The Copy of the resignation of the Petitioner and receipt passed by the Petitioner as well as Mr. Ajit Manohar hereto annexed with this consent terms and marked as Exhibit -A iii. The Respondent's sister concern company has issued Cheque No 257950 dated 02.09.2024 drawn on Punjab National Bank for the amount of Rs.600000/- in favour of "Sahara India Kamgar Sangathana".

iv. It is further agreed that in case the said cheque is not honored this consent shall be treated as null and void, terms therein shall not be binding upon the petitioners.

5) It is herein mutually agreed between the parties that given the terms of the consent terms herein the petition shall be disposed off."

7. As far as the Consent Terms in Writ Petition No.3565 of 2019

is concerned, they are signed by Ajit Hiraman Manohar, the

Sonali

12-WP-3565-2019+.DOC

Petitioner. Mr. Ajit Hiraman Manohar who is present in Court

confirms that signature on the Consent Terms is his signature. The

Consent Terms bears the signature of Mr. Mishra, learned

Advocate. He identifies the signature on the Consent Terms of Mr.

Ajit Hiraman Manohar. The Consent Terms are also signed by Mr.

Somesh Bose, General Manager of Respondent-Corporation, who is

present before this Court through Video Conference. He states that

signature on the Consent Terms filed in Writ Petition No.3565 of

2019 is his signature. The Consent Terms are also signed by

learned Advocate appearing for the Respondents. Learned

Advocate appearing for the Respondents identifies signature of Mr.

Bose.

8. All the parties to Writ Petition No.3565 of 2019 state that

the dispute between them is settled in terms of the Consent Terms.

Accordingly, the Consent Terms in Writ Petition No.3565 of 2019

are taken on record and marked 'Y' for identification. The Consent

Terms reads as under:

" CONSENT TERMS

1) The Parties in the present petition have amicably resolved the issue arising in the present petition.

Sonali

12-WP-3565-2019+.DOC

2) The Petitioner has challenged the Judgment dated 26/04/2018 passed by the Hon'ble Industrial Court in the Revision Application (ULP) No. 127 of 2018 & Revision Application (ULP) No. 128 of 2018.

3) The Petitioner states that Complaint (ULP) No. 324 of 2016 was filed by the Sahara India Kamgar Sanghtana on behalf of its member employees including the Petitioner. It is the Respondent's case, that the concerned petitioner was transferred by Sahara India from Mumbai to Buldhana and the concerned employees have not reported for duty and thereby failed to abide by per Transfer Order.

4) It is a case of the Petitioner that the Respondent has in violation of their undertaking dated 26.10.2016 and subsequent order, transferred the service of the Petitioner. The Petitioner had accordingly filed Misc. Criminal Complaint (ULP) No.81 of 2016 under Section 48(1) of the MRTU and PULP Act and that learned labor Court had issued a process against the respondents. The Respondents had challenged to said order of issuance of process which came to set- aside by order dated 26.04.2018 by the learned Industrial Court in Revision Application No 127 of 2017 and 128 of 2017 and hence the Petitioner preferred this petition.

5) Now, by virtue of the settlement arrived between the parties more particularly with Sahara India Kamgar Sangthana the petitioner is the member of the said union and further the petitioner shall tender his resignation and thereby recall all in claim/right/ interest and entitlement.

6) The Sahara India Kamgar Sangthana shall receive an amount of Rs.600000/- towards the petitioner 's full and final settlement which shall include a Gratuity ( if applicable), Leave encashment, PF, arrears of wages (If any ) Bonus,

Sonali

12-WP-3565-2019+.DOC

and towards Ex-gratia and that same is duly accepted by the Petitioner. The Copy of resignation of the Petitioner and receipt passed by the Petitioner hereto annexed with this consent terms. The details about payment of Rs.600000/- have been recorded separately in Writ Petition No. 2691of 2018 and the same shall be read as part and parcel of this consent terms also. The Petitioner herein confirms, reaffirms, and further agrees to terms recorded in the Consent term in WP/2691/2018 and the same shall be binding upon the Petitioner.

7) The Petitioner agrees that the said payment is absolute and no amount is pending hereinafter. The Petitioner further agrees he withdraws his entitlement from all claims, disputes, Applications, or complaints filed through his Union or himself before the Industrial Court Labour Court, or any other forum. Needless to mention Petitioner confirms to have no claim against Sahara India or any of the group companies of Sahara India Pariwar.

8) It is further agreed between the parties that, in case the Respondent fails to honor the said cheques, these consent terms shall be treated as withdrawn and terms therein shall not be binding upon the petitioner.

9) It is herein mutually agreed between the parties that because of the terms of the consent terms herein, the petition shall be disposed off."

9. Statement made by Mr. Robert D'souza that an amount of

Rs.5,00,000/- will be paid to the Petitioner-Ajit Hiraman Manohar

within a period of 10 days from today is accepted as an

undertaking given to this Court.

Sonali

12-WP-3565-2019+.DOC

10. Accordingly, the Writ Petitions are disposed of in terms of the

Consent Terms and in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]

Digitally signed by SONALI SONALI MILIND PATIL MILIND Date: