Satvir Singh vs Krishna Bus Service (P) Ltd
2009 Latest Caselaw 620 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          W.P(C) No.1021/2003

%                      Date of Decision: 20.02.2009

Satvir Singh                                          .... Petitioner
                      Through Mr.Sanjeev Kumar, Advocate.

                             Versus
Krishna Bus Service (P) Ltd                  .... Respondents
                     Through Mr.K.C.Mittal, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.    Whether reporters of Local papers may be                 YES
      allowed to see the judgment?
2.    To be referred to the reporter or not?                    NO
3.    Whether the judgment should be reported in                NO
      the Digest?

ANIL KUMAR, J.

*

This writ petition has been listed for rehearing as the parties

contended that in another writ petition being W.P(C) No.3275/2001

between the parties which was dismissed, pursuant to an order of the

Division Bench, a review application has been filed which is pending

and WP(C) 3275 of 2001, a settlement has been arrived at between the

parties, pursuant to which this writ petition can also be disposed off.

Consequently the present writ petition is taken up for hearing.

This is a writ petition seeking quashing of award dated 31st

January, 2002 and seeking direction to the respondent management to

reinstate the petitioner back on duty with continuity of services.

The petitioner has agreed to take a total sum of Rs.60,000 in full

and final settlement of all his claims from the respondent. Mr.Manjeet

Singh, Director of the respondent No.1, M/s.Krishna Bus Service Pvt

Ltd is present and he has tendered an amount of Rs.30,000/- in cash

out of Rs.60,000/- settled with the petitioner. The amount has been

paid to the petitioner in the presence of the counsel who has satisfied

himself with the amount given to him.

This amount has been paid out of Rs.60,000/- settled by the

petitioner with the respondent No.1 in settlement of all his claims for

back wages and in lieu of his reinstatement in his services and all the

claims on account of overtime, leave and bonus and all the claims

raised by the petitioner in his application under Section 33 C(2) of

Industrial disputes Act.

The parties have also agreed that after receipt of this amount of

Rs.60,000/- out of which Rs.30,000/- has been paid today in the Court

and another amount of Rs.30,000/- is lying deposited which was

deposited by the respondent No.1 in the writ petition No.3275/2001,

which the petitioner shall be entitled to withdraw, no claim of the

petitioner against the respondent shall survive.

This has been specifically agreed that after receipt of this amount

of Rs.60,000/- no claim either under Section 33 C(2) as claimed in writ

petition No.3275/2001 or any amount on any account shall be due

from the respondent No.1 to the petitioner.

Since the parties have compromised a part of the amount has

been paid and another part which is lying deposited in this Court which

the petitioner shall be entitled to withdraw, no further orders are

required and the writ petition is, therefore, disposed of accordingly.

FEBRUARY 20, 2009                                   ANIL KUMAR, J.
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