Gujarat High Court
Sun Precision Cast Pvt Ltd vs Raisinh Bhudarbhai Solanki on 19 June, 2024
NEUTRAL CITATION
C/SCA/6841/2024 ORDER DATED: 19/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6841 of 2024
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SUN PRECISION CAST PVT LTD
Versus
RAISINH BHUDARBHAI SOLANKI
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Appearance:
MR RAMNANDAN SINGH(1126) for the Petitioner(s) No. 1
MR RAJESH P MANKAD(2637) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 19/06/2024
ORAL ORDER
1. By way of present petition, the petitioner has prayed to
quash and set aside the impugned award dated 06.01.2024
passed by the learned Presiding Officer (Junior Division), Labour
Court No.3, Vadodara and the publication of the award dated
24.01.2024.
2. Heard Mr.Ramnandan Singh, learned counsel appearing for
the petitioner and Mr.Rajesh Mankad, learned counsel appearing
for the respondent.
3. Mr.Ramnandan Singh, learned counsel appearing for the
petitioner and Mr.Rajesh Mankad, learned counsel appearing for
the respondent have submitted that the settlement has been
arrived at between the parties to which they have tendered the
consent terms for full and final settlement in petition with proper
identification of the respondents and the respondent is
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C/SCA/6841/2024 ORDER DATED: 19/06/2024
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remained personally present before the Court. The the consent
terms for full and final settlement is taken on record.
4. The relevant paragraphs of the settlement are as under:-
"2. During the pendency of this petition as parties were
negotiating and now parties have mutually settled the
dispute outside the court with consensus ad-idem that if
the employer pays Rs.5,25,000/- to the respondent
workman, the respondent workman would relinquish his all
rights and claims as per award dated 06.01.2024,
published on 24.01.2024 passed in reference (LCV) No. 249
of 2010 passed by learned Labour Court, Vadodara. The
consent terms are as under:-
A. The petitioner company gives consent that:-
i. The petitioner company has paid ₹. 5,25,000/-
(Rupees Five Lakh Twenty-five Thousand only) as lump-
sum amount as full and final settlement amount for full
and final satisfaction of the impugned judgment and award
dated 06.01.2024 published on 24.01.2024 passed in
Reference (LCV) No.249 of 2010 by which the learned
Labour Court had ordered reinstatement of respondent
workman - Raisinh Bhudarbhai Solanki on his original post
with continuity of service, 50% back wages, and cost of
₹5000/-. The amount is being paid vide Demand Draft No.
081392 dated 15.6.2024 drawn at The Ahmedabad
Mercantile Co-operative Bank Vadodara in favour of
respondent namely Raisinh Bhudarbhai Solanki, which has
been accepted today before this Hon'ble Court.
ii. The petitioner employer agrees to fully cooperate and
provide necessary assistance to respondent workman-
Raisinh Bhudarbhai Solanki, in getting his claim of PF
withdrawal and/or transfer and pension on the basis of
service rendered from EPF authorities on the basis of past
service and dues without any additional financial burden
on petitioner.
Iii. The petitioner employer agrees to issue service
certificate to respondent workman- Raisinh Bhudarbhai
Solanki.
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B. The respondent workman namely Raisinh Bhudarbhai
Solanki agrees that;
i. The respondent workman- Raisinh Bhudarbhai Solanki
agrees and accepts that after receipt of aforementioned
amount i.e. lump sum amount of Rs.5,25,000/- (Rupees
Five Lakh Twenty - Five Thousand Only) from the petitioner
company he relinquishes his all rights and claim with
regard to award dated 06.01.2024 published on
24.01.2024 passed in reference (LCV) No. 249 of 2010
passed by learned Labour Court, Vadodara and states that
no more dues is outstanding in favour of respondent with
respect to aforesaid award dated 06.01.2024 before
Labour Court Vadodara would be withdrawn by respondent
workman and in case of failure to make an application to
withdraw the said proceedings it would automatically be
disposed as having become infructuous.
ii. The respondent has agreed that on accepting lump
sum amount of Rs.5,25,000/- (Rupees Five Lakh Twenty
Five Thousand Only) from the petitioner company, the
relation of "master and servant" between the petitioner
and the respondent will come to an end permanently.
Iii. The respondent has agreed that on accepting lump
sum amount of Rs.5,25,000/- (Rupees Five Lakh Twenty
Five Thousand Only) from the petitioner company towards
full and final settlement amount, he will permanently
relinquish his right of employment in petitioner company
and he will never raise any dispute, demand, claim for any
post in the petitioner company and/or its sister concern
and/or its branch office and/or any other group companies,
whether in exercise or that may come in existence in
future.
3. Both the parties shall produce this settlement
document before this Hon'ble Court for modification of the
award and publication of award which is under challenge in
this petition.
4. Both the parties have settled the case without any
pressure or coercion as advocates for both the parties
have confirmed from the respected parties that the
settlement is out of free will and with free consent as such
the same is binding to both the parties permanently.
5. The present settlement document/consent terms is
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being placed before this Hon'ble Court and the request is
being made to disposed of the aforesaid Special Civil
Application by modifying the award as per the consent
terms."
5. Now, considering the facts and circumstances of the case,
which is peculiar in nature, this Court is of the considered opinion
that the settlement is required to be acknowledged and the
petition is required to be allowed. The draft of the lump sum
amount of compensation is handed over to the workman.
6. Accordingly, the settlement is acknowledged and the
petition is hereby allowed. The impugned award dated
06.01.2024 passed by the learned Presiding Officer (Junior
Division), Labour Court No.3, Vadodara and the publication of the
award dated 24.01.2024 are quashed. The impugned award is
modified to the aforesaid extent.
(HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL
