1. This is a petition preferred by the petitioner - workman challenging the Judgement and Award dated 17.04.2017 passed by the Presiding Officer, Labour Court No.1, Bharuch in Reference (LCB) No.132 of 2011 whereby he has been granted 30% of the back-wages only instead of awarding 100% back- wages and directed the respondent Company to reinstate the workman in service on his original post with continuity of service and further holding in favour of the workman that there is breach of section 25F, 25G and 25H of the Industrial Disputes Act.
2. The parties have amicably settled the disputes, Consent Terms of which is placed on record dated 10/1/2020, signed by the parties as well as their advocates. The Consent Terms Page 1 of 4 Downloaded on : Sun Feb 16 20:09:20 IST 2020 C/SCA/13059/2019 ORDER reads as under :-
"CONSENT TERMS The parties above named have arrived at an amicable settlement in the captioned matter on the following terms and conditions :
1. Shgri Arjunbhai Chaudhary - petiioner herein (hereinafter referred to as the "petitioner workman" for the sake of brevity) was working with M/s. Heubach Colour Pvt. Ltd - respondent No.1 herein (hereinafter referred to as 'respondent Company" for the sake of brevity). The petitioner workman had raised an industrial dispute alleging that his services have been terminated w.e.f. 06.05.2011 being Reference (LCB) No.132 of 2011. The learned Labour Court, Bharuch vide impugned Award dated 17.04.2017 directed the respondent Company to reinstate the petitioner workman in the service on his original post with continuity and 20% back- wages.
(a).That the petitioner workman and the respondent Company have arrieved at an amicable settlement under section 2(P) of the Industrial Disputes Act, 1947 on 9.1.2020 on the terms and conditins mentioned therein. That as per the rpesent Consent Terms in full and final settlement of all his claim towards reinstatement in service andback wages and other legaldues like bonus, eachshment of leave, Gratuity, LTC, cost, and any other dues of whatsoever nature, etf., and in particular full & final settlement of the impugned Award dated 17.04.2017 passed in Refewrence (LCB) No.132 of 2011 by the learned Labour court, Bharuch.Thate as per the terms, as agreed under the settlement, the concerned workmen have resigned from the service of Company and there is no master servant relations survivesd.
no claim of whatsoever nature against the respondent Company as the settlement dtd. 9.1.2020 is full and final settlement. The petitioner workman further agrees to withdraw the Recovery Application filed by him before the Labour Court, Bharuch.
(c). That the petitioner workman also agrees that he shall not raise any dispute or claim against the respondent Company in respect of his employment or otherwise.
3. The parties hereto request this Hon'bleCourt to pass necessary orders in terms of theabove Consent Terms and the impugned Award dated 17.04.2017 in Reference (LCB)No.132 of 2011 passed by the learned Labour Court, Bharuch may kindly be modified accordingly.
The aforesaid Consent Terms are ordered to be taken on record. The petitioner - workman Mr.Arjunbhai Chaudhary as well as representative of the respondent employer Mr.Hetalkumar Bakre, Senior Manager H.R. are personally present in the Court.. Their signatures on the consent terms are identified by their respective advocate more particularly Mr.D.G. Shukla, learned for the employer and Ms.Reena Kanani, learned advocate appearing for Mr.P.H. Pathak, learned advocate for the petitioner workman. Over and above the parties, their advocates have also put their signatures on the Consent Terms. The parties are made to understand the implication of the Consent Terms. The petitioner workman has no grievance left. He has stated that he has received the total amount by way of cheque as full and final settlement towards his all the claims and the cheque has been deposited in his Page 3 of 4 Downloaded on : Sun Feb 16 20:09:20 IST 2020 C/SCA/13059/2019 ORDER bank account and he forgoes all his rights of his employment and the respondent No.1 Company also has nothing to be aggrieved of.
3. Noticing the settlement between the parties, the claim of reinstatement with continuity of service and other consequential benefits along with 100% back-wages and rest of the requests since are forgone, this petition stands disposed of in terms of the Consent Terms. Parties are directed to abide by the terms of the Consent Terms. The impugned Award of the Labour Court stands modified and governed in terms of the Consent Terms. Present petition stands disposed of accordingly.
(SONIA GOKANI, J) RAFIK Page 4 of 4 Downloaded on : Sun Feb 16 20:09:20 IST 2020