Citation : 2024 Latest Caselaw 14432 HP
Judgement Date : 24 September, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos.174 & 2943/2023 Decided on: 24.09.2024
.
IND SPHINX Precision Ltd. ...Petitioner
Versus
Sukhvinder Singh ....Respondent.
Sukhvinder Singh ...Petitioner
Versus
IND SPHINX Precision Ltd. ....Respondent.
........................................................................................... Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioner(s): Mr. Jagdish Thakur, Advocate, in CWP No. 174/2023 & Mr. Rahul
Mahajan, Advocate in CWP No.
For the respondent(s): Mr. Rahul Mahanjan, Advocate, for in CWP No. 174/2023 & Mr. Jagdish Thakur, Advocate in CWP
No.2943/2023.
Mr. Sukhwinder Singh, present in person.
Jyotsna Rewal Dua , J Mr. Sukhwinder Singh, has attended the hearing and
has been identified as such by his learned counsel.
Whether reporters of the local papers may be allowed to see the judgment? yes
2. Both these writ petitions have been instituted by the
petitioner(s) against the award dated 01.11.2022 passed by the
.
learned Industrial Tribunal-cum-Labour Court, Shimla.
3. CMP No. 17959/2024 has been moved by the petitioner
in CWP No. 174/2023 (IND. SPHINX Precision Ltd. vs. Sukhvinder).
The applicant seeks to withdraw the petition (CWP No.174/2023) on
the premise that a compromise has been arrived at between the
petitioner and the sole respondent-Sukhinwinder Singh on
09.09.2024. Copy of the compromise has been placed on record
alongwith the application. In terms of the compromise, the petitioner
in CWP No. 174/2023 has paid Rs.4,00,000/- to the respondent-
Sukhwinder Singh, who is also the petitioner in the other writ petition
bearing CWP No. 2943/2023 towards full and final settlement of his
claim. The compromise also records that respondent-Sukhwinder
Singh shall also be entitled for the amount deposited by the petitioner
in the said petition.
4. On instructions, learned counsel appearing for Sh.
Sukhwinder Singh in both the writ petitions admits the execution of
the compromise between the parties and submits that in view of
withdrawl of CWP No.174/2023 by the IND. SPHINX Precision Ltd.,
petitioner-Sukhwinder Singh be also permitted to withdraw his writ
petition No. 2943/2023.
5. In view of above submissions, settlement of dispute
between the parties as recorded in the compromise dated
.
09.09.2024, prayer made by learned counsel for the parties is
accepted. Learned counsel for the petitioner in CWP No. 174/2023 is
permitted to withdraw the said petition.
Consequently, prayer of learned counsel for the
petitioner in CWP No. 2943/2023 for withdrawl of the writ petition, on
instructions, is also accepted.
Accordingly, both the petitions are dismissed as
withdrawn. The amount deposited by the petitioner in CWP No.
174/2023 is ordered to be released in favour of the respondent-
Sukhwinder Singh, by remitting the same in his bank account,
particulars of which, shall be furnished by the respondent within two
weeks. Pending miscellaneous application(s), if any, shall also stand
disposed of.
Jyotsna Rewal Dua Judge
24th September, 2024(rohit)
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