Atul Limited vs Arvindbhai Prabhubhai Mangela
2023 Latest Caselaw 4859 Guj

     C/LPA/679/2023                               ORDER DATED: 22/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO. 679 of 2023
           In R/SPECIAL CIVIL APPLICATION NO. 8038 of 2017
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
             In R/LETTERS PATENT APPEAL NO. 679 of 2023
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                               ATUL LIMITED
                                   Versus
                      ARVINDBHAI PRABHUBHAI MANGELA
==========================================================
Appearance:
MR. DIVYESH BAIS for GANDHI LAW ASSOCIATES(12275) for the
Appellant(s) No. 1
 for the Respondent(s) No. 2
MS SANGEETA PAHWA for THAKKAR AND PAHWA ADVOCATES(1357)
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE J. C. DOSHI

                              Date : 22/06/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The present Letters Patent Appeal arise out of interim order dated 21.3.2022 passed by learned single Judge whereby the prayer for interim relief was rejected.

2. The subject matter of challenge impugned in the petition was judgment and order dated 28.11.2016 passed by the labour Court, Valsad in Reference (L.C.V.) No.94 of 2000 and the recovery proceedings arising therefrom which was Recovery Application No.22 of 2017. By the said judgment and award Reference of the respondent- workman was allowed and the labour court directed reinstatement to the workman on the

C/LPA/679/2023 ORDER DATED: 22/06/2023

original post with 75% backwages.

3. As the appeal comes up for consideration today, learned advocate Mr.Divyesh Bais for Gandhi Law Associates for the applicant as well as learned advocate Ms.Sangeeta Pahwa for Thakkar and Pahwa Associates appearing on caveat for the respondent jointly stated that the parties have settled their disputes.

3.1 The copies of settlement dated 21.6.2023 accompanied by copy of cheque and receipt received by the workman, who stated that in lieu of his reinstatement, he has accepted lump-sum amount of Rs.2,50,000/- which is paid to him by cheque No.132800 dated 19.6.2023 of the Axis Bank.

4. In view of the above settlement, producing copy of cheque and receipt, which are taken on record, learned advocate for the applicant seeks permission to withdraw the appeal.

5. The permission as sought for is granted. The Letters Patent Appeal stands disposed of as withdrawn in light of the settlement. The parties shall act and abide by the settlement.

In view of disposal of the appeal, the Civil Application will not survive. Accordingly, it is disposed of.

(N.V.ANJARIA, J)

(J. C. DOSHI,J) Manshi