Vinodbhai B Patel vs Mehsana Dist. Central Co.Op. Bank Ltd
2024 Latest Caselaw 109 Guj

Gujarat High Court

Vinodbhai B Patel vs Mehsana Dist. Central Co.Op. Bank Ltd on 4 January, 2024

                                                                               NEUTRAL CITATION




      C/SCA/18374/2006                          ORDER DATED: 04/01/2024

                                                                                undefined




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 18374 of 2006

==========================================================
                          VINODBHAI B PATEL
                                 Versus
                 MEHSANA DIST. CENTRAL CO.OP. BANK LTD.
==========================================================
Appearance:
UNSERVED EXPIRED (N) for the Petitioner(s) No. 1
 for the Respondent(s) No. 1
IG JOSHI(8726) for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                            Date : 04/01/2024

                              ORAL ORDER

1. Learned advocate Mr. Vyom Shah for learned advocate Mr. I. G. Joshi for the respondent submitted that the matter is settled between the parties vide settlement dated 09.10.2013. He submitted that pursuant to the settlement entered into between the petitioner - workman and the respondent - Bank, the amount agreed between the parties of Rs.8,00,000/- has been paid through Account Payee cheque dated 09.10.2012. Having received the settlement amount, the grievance of the workmen does not survive and the present petition is required to be accordingly disposed of by modifying the award of the Labour Court

NEUTRAL CITATION

C/SCA/18374/2006 ORDER DATED: 04/01/2024

undefined

2. He submitted that in the cross-petition by the Bank being Special Civil Application No. 17731 of 2006, this court considering the settlement between the parties dated 09.10.2013 and payment as per the settlement being paid to the workmen, disposed of the petition. He requested for similar order in this petition.

3. The settlement dated 09.10.2013 and photo copy of cheque is taken on record. Considering the submission and having perused the documents placed on record, particularly the settlement between the parties and the payment which has been made through Account Payee cheque to the workmen, following order is passed: -

4. The judgment and award dated 23.04.2004 of Labour Court in T Application No. 41 of 1994 and the common judgment and order dated 23.02.2006 by Industrial Court in Appeal No. 20 of 2004 and Appeal No. 47 of 2005 are hereby modified in terms of the settlement dated 09.10.2013.

5. Pursuant to the settlement, the Bank has already paid the sum of Rs.8,00,000/- to the respondent - workman and in view of payment of Rs.8,00,000/- to the workman the judgment stands modified and complied.

NEUTRAL CITATION

C/SCA/18374/2006 ORDER DATED: 04/01/2024

undefined

6. With the aforesaid clarification and direction, the petition is disposed of. Rule is made absolute. No order as to costs.

(MAUNA M. BHATT,J) SHRIJIT PILLAI