Sri Tapan Bhattacharjee vs The Management Of Segunbari Tea ...
2023 Latest Caselaw 16 Gua

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GAHC010106752016




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : WA/46/2016

             SRI TAPAN BHATTACHARJEE
             FORMER FACTORY CLERK, SEGUNBARI TEA ESTATE, P.O. SEGUNBARI
             TEA ESTATE.


             VERSUS


             THE MANAGEMENT OF SEGUNBARI TEA ESTATE and ANR
             P.O. MARGHERITA, DIST. TINSUKIA, ASSAM, PIN 786181


             2:THE PRESIDING OFFICER
              INDUSTRIAL TRIBUNAL
              DIBRUGARH PIN 786001
             ASSAM


Advocate for the Petitioner   : MR.P KALITA

Advocate for the Respondent : MS.P KHOUNDR-1




                                    BEFORE
                         HONOURABLE THE CHIEF JUSTICE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

Date : 02.01.2023 (R.M. Chhaya, CJ.)

Heard Ms. A. Bhattacharjee, learned counsel for the appellant. Also heard Page No.# 2/3

Mr. K. Kalita, learned counsel, appearing for the respondent.

This appeal is directed against the judgment & order dated 10.08.2015 passed by the learned Single Judge in WP(C) No.1539/2007. The learned Single Judge by the impugned judgment & order was pleased to set aside the judgment and award dated 08.06.2006 passed by the Industrial Tribunal, Dibrugarh, Assam in Reference Case No.2/2004.

By an order dated 23.05.2022, a Co-ordinate Bench of this Court referred the matter to the Mediation Centre, Gauhati High Court.

The learned Mediator has produced on record of this appeal the copy of the Memorandum of Settlement arrived at between the parties during the mediation proceedings along with the report dated 08.09.2022.

As can be seen from the terms and conditions of the said agreed settlement, the respondents have agreed to pay an amount of Rs.4,00,000/- (Rupees Four Lakhs) as full and final settlement of the dispute in 2(two) installments, as indicated below:-

"3. That the Respondents have agreed to pay an amount of Rs.4,00,000/- (Rupees Four Lakh) only to the Appellant as a full and final settlement of their dispute, out of which, an amount of Rs.1,05,330/-(One Lakh Five Thousand Three Hundred Thirty) will be paid to the Appellant through NEFT within a period of two days from today i.e., 07.09.2022. The remaining amount of Rs.2,94,670/- (Two Lakh Ninety Four Thousand Six Hundred and Seventy), which is lying with the PF Authorities, will be paid by the Respondent itself on submission of necessary documents by the Appellant through PF Authorities in his Bank Account. The Management agreed to help the Appellant to get the money as early as possible."

The learned counsels appearing for the parties have produced on record the report and have pressed into service the terms and conditions of the said agreement.

In view of the settlement arrived at, the appeal stands disposed of as withdrawn. No costs.

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The parties to act as per the terms and conditions of the agreed settlement.

                      JUDGE            CHIEF JUSTICE




Comparing Assistant