M/S Tata Sons Ltd. vs Workmen & Anr
2014 Latest Caselaw 6767 Del

         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Judgment delivered on: 15.12.2014

W.P.(C) 1323/2010

M/S TATA SONS LTD.                                                 ..... Petitioner

                             versus

WORKMEN & ANR                                                       ..... Respondents
Advocates who appeared in this case:

For the Petitioner    : Mr Sanjoy Ghosh, Advocate
For the Respondents   : Mr Sudhir Kathpalia, Advocate for R-1E along with Ms Hema Palliwal,
                        Legal Representative of R-1E

CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL

                                  JUDGMENT

SIDDHARTH MRIDUL, J (ORAL)

CM No.20369/2014

1. The present is an application analogous to Order XXIII Rule 3 read

with Section 151 CPC, 1908 for recording of compromise between the

petitioner and one Ms Hema Palliwal, the legal representative of late Shri

Ramesh Chand (respondent No.1E).

2. The present writ petition assails the Award dated 24.09.2009 passed

by the learned Presiding Officer, Industrial Tribunal No.II in I.D.

No.330/2001 whereby the respondents workmen including late Shri Ramesh

Chand (respondent No.1E) had been held to be the employee of the

petitioner and a direction had been issued to reinstate them with the

exception of late Shri Ramesh Chand (respondent No.1E), with 30%

backwages. The workman late Shri Ramesh Chand (respondent No.1E) who

had expired during the pendency of the labour dispute was held entitled to

30% backwages from the date of his alleged termination from service till the

date of his death, except the period when the said Ramesh Chand might have

worked with Apartments Residents Welfare Association (respondent No.2 in

the present writ petition).

3. This Court vide order dated 05.03.2010, was pleased to stay the

operation of the Award dated 24.09.2009, subject to the deposit of the Award

amount with the Registrar General of this Court within six months from the

date of the order. In compliance of the order dated 05.03.2010, a demand

draft bearing No.005729 dated 11.03.2010 for Rs.4,75,526/- in favour of the

Registrar General, Delhi High Court was deposited. It is urged by the

learned counsel appearing on behalf of the parties that a sum of Rs.52,275/-

fell to the share of the deceased Ramesh Chand (respondent No.1E).

Subsequently, the petitioner moved an application being CM No.1721/2012

for the substitution of the legal representative of the deceased respondents

(including respondent No.1E). The said application was allowed by way of

order dated 03.05.2012. By the said order dated 03.05.2012, this Court

directed that the amount deposited by the petitioner be released in favour of

the respondents, including legal representatives of the deceased respondent.

4. Now the petitioner and the legal representative of respondent No.1E

(late Shri Ramesh Chand) namely Ms Hema Palliwal, have decided to enter

into a compromise, under the following terms and conditions:-

"(i) The petitioner agrees to pay a sum of Rs.2 lakhs to the legal

representative of respondent No.1E (Mr Ramesh Chand)

namely, Ms Hema Pallwal.

(ii) The sum of Rs.2 lakhs which will be paid by the petitioner to

the legal representative of respondent No.1E (Mr Ramesh

Chand), will be full and final settlement of all claims of the

respondent No.1E towards the petitioner, which had formed the

subject matter of ID No.330/2001 and W.P.(C) 1323/2010.

(iii) The sum of Rs.2 lakhs which is paid by the petitioner to the

legal representative of respondent No.1E will be inclusive of

any payment that has been already released, to the legal

representative of respondent No.1E, from the amount which had

been deposited by the petitioner, with this Hon'ble Court, as per

the order dated 05.03.2010 of this Hon'ble Court.

(iv) Any other legal heirs of respondent No.1E apart from Ms Hema

Palliwal, agree to file a "NO Objection Certificate"

categorically stating that they have no objection whatsoever, to

this compromise between the petitioner and Ms Hema Palliwal,

and that they recognize this compromise, as full and final

settlement of all claims of respondent No.1E, which had formed

the subject matter of I.D. No.330/2001 and W.P.(C)

No.1323/2010.

(v) The legal representative of respondent No.1E, namely Ms Hema

Palliwal, agrees surrender any and all claims of respondent

No.1E, towards the petitioner, which had formed the subject

matter of I.D. No.330/2001 and W.P.(C) 1323/2010.

(vi) The legal representative of respondent No.1E, namely Ms Hema

Palliwal, agrees that no future legal proceeding, will be initiated

by the legal heirs/representatives of respondent No.1E, in

respect of the claims of respondent No.1E, which had formed

the subject matter of I.D. No.330/2001 and W.P.(C)

No.1323/2010 either against the petitioner or the respondent

No.2 (ARWA).

(vii) The legal representative of respondent No.1E, namely Ms Hema

Palliwal, agrees to indemnify the petitioner, from any and all

claims, on behalf of respondent No.1E, in respect of the subject

matter of I.D. No.330/2001 and W.P.(C) No.1323/2010."

5. Although as per the terms of the above compromise, the legal

representative of respondent No.1E is entitled to a total sum of

Rs.2,00,000/-, however, the counsel for the petitioner, Mr Sanjoy Ghosh

submits that the amount deposited in the Court under the directions of this

Court dated 05.03.2010 in the sum of Rs.52,275/- be also released in favour

of the said legal representative as an additional amount.

6. It is further stated by Mr Ghosh, learned counsel appearing on behalf

of the petitioner that the agreed sum of Rs.2,00,000/- has already been paid

over to the said legal representative by way of cheque dated 04.12.2014

bearing No.205030 drawn on State Bank of India. The sums as aforesaid are

in respect of the full and final settlement of all claims of respondent No.1E

towards the petitioner which had formed the subject matter of I.D.

No.330/2001 and the Writ Petition (Civil) NO.1323/2010. The learned

counsel appearing on behalf of the legal representative of late Shri Ramesh

Chand (respondent No.1E) submits that the present compromise also covers

all claims that the said legal representative may have against the respondent

No.2 (Apartments Residents Welfare Association) and no further claims

remain.

7. The present compromise application is accompanied by an affidavit of

Shri R. Sriraman, Senior Officer, Administration and Protocol of the

petitioner who is duly authorized to enter into the present compromise. The

present application is also signed by Mr Sanjoy Ghosh counsel appearing on

behalf of the petitioner. Similarly, the compromise application is

accompanied by an affidavit of Ms Hema Palliwal, wife of late Shri Ramesh

Chand (respondent No.1E).

8. I have gone through the terms of the compromise and the same is

lawful. The parties shall abide by the terms of compromise. The present

application is disposed of accordingly.

W.P.(C) 1323/2010

1. In terms of the above compromise, both the parties have agreed that

the present writ petition being W.P.(C) 1323/2010 be disposed of with

respect to the respondent No.1E in the said terms. The writ petition qua

respondent No.1E is disposed of accordingly.

2. The Registrar General is directed to release the sum of Rs.52,275/-

with interest thereon to Ms Hema Palliwal, legal representative of respondent

No.1E forthwith.

SIDDHARTH MRIDUL, J DECEMBER 15, 2014 dn