Tata Chemicals Limited vs Tata Chemicals Majdoor Sangh
2021 Latest Caselaw 13859 Guj

      C/SCA/2420/2016                                  IA ORDER DATED: 13/09/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021
               In R/SPECIAL CIVIL APPLICATION NO. 2420 of 2016
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TATA CHEMICALS LIMITED Versus TATA CHEMICALS MAJDOOR SANGH ========================================================== Appearance:

MR.VARUN K.PATEL for the PETITIONER(s) No. MR.YOGEN PANDYA for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 13/09/2021

IA ORDER

[1] Rule. Learned advocate Mr.Yogen Pandya waives service of notice of rule on behalf of the respondent.

[2] The present civil application has been filed with the following prayers:

"4(A). Be pleased to allow this application.

(B). Be pleased to take the settlement at Annexure-D on record of the aforesaid writ petitions and be further pleased to modify the judgment and order dated 07.11.2015 passed by the Industrial Tribunal, Jamnagar in Complaint (IT) No.126 of 2012 in terms of the said settlement qua the workman whose name is mentioned in the aforesaid paragraph no.2 of this application.

(C) Be further pleased to permit the concerned workman (i.e. workman in the aforesaid table in Paragraph no.2) to withdraw the amount of Rs.6,00,000/- deposited by the applicant before the Labour Court, Jamnagar in view of the aforesaid settlements.

(D) Any other appropriate and just relief/s be granted."

[3] At the outset, learned advocate Mr.Varun Patel has

C/SCA/2420/2016 IA ORDER DATED: 13/09/2021

submitted that the settlement dated 25.06.2021 has been arrived at between the applicant-petitioner-company and the respondent no.16 - workman i.e. Palji Soma. He has submitted that accordingly, in view of the settlement, the impugned judgment passed by the Industrial Tribunal, Jamnagar dated 07.11.2015 may be modified. He has submitted that the applicant-petitioner had already deposited an amount of Rs.6,00,000/- before the Industrial Tribunal, Jamnagar and the same may be paid to the respondent-workman i.e. Palji Soma, after due verification.

[4] Learned advocate Mr.Yogen N. Pandya appearing for the respondents - workmen does not dispute the settlement.

[5] This Court has perused the settlement, which is placed at Annexure-D, dated 25.06.2021. Thus, since the parties have amicably settled the dispute, the impugned award passed by the Industrial Tribunal, Jamnagar, is modified to the extent the settlement dated 25.06.2021 arrived at between the present applicant i.e. Tata Chemical Ltd. with the respondent no.16 - workman i.e. Palji Soma. It is further directed that the amount of Rs.6,00,000/- deposited by the applicant before the Industrial Tribunal shall be disbursed to the concerned respondent-workman, after due verification with interest, if any.

C/SCA/2420/2016 IA ORDER DATED: 13/09/2021

[6] It is expected that both the parties shall abide by the settlement. In case of any difficulties, it will be open to file appropriate application in the writ petition before this court.

[7] It is clarified that the industrial dispute with regard to the respondent- workman will not survive against the applicant in view of the above settlement.

[9] With the aforesaid directions, the civil application is disposed of.

(A. S. SUPEHIA, J) NABILA