Disposed

M/S Niryat-Sam Apparels India Limited Noida v. Presiding Officer Labour Court U.P. Noida and 4 Others

Allahabad HC28 Oct 2021WRIC/43378/2017

Case brief

AI extract

What is this about?

Labour Court Writ Petition disposed of on mutual settlement. Petitioner employer and workman agreed to full and final settlement; operative award not implemented; workman barred from further monetary claims.

What did the court decide?

The impugned labour court award was not implemented; the settlement terms were enforced; the workman was barred from further monetary claims.

M/S Niryat-Sam Apparels India Limited Noida… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 6

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Case :- WRIT - C No. - 43378 of 2017

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Petitioner :- M/S Niryat-Sam Apparels India Limited Noida Respondent :- Presiding Officer Labour Court U.P. Noida And 4 Others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Sarwar Ali Siddique

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Hon'ble Ajay Bhanot,J.

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The petitioner has assailed the award of the labour court dated 18.08.2017 passed in favour of respondent No. 3.

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Sri Chandra Bhan Gupta, learned counsel for the petitioner and Sri Sarwar Ali Siddique, learned counsel for respondent No. 3 submit that both the parties, namely the petitioner employer M/S Niryat-Sam Apparels India Limited Noida and the respondent No. 3 workman Suresh Chand Chauhan have amicably arrived at a mutually accepted settlement and do not wish to continue the litigation any further.

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The parties have arrived at a mutually accepted settlement on the following terms:

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(1) The respondent No. 3 Suresh Chand Chauhan has agreed to accept the amount of Rs 2,50,000/- as a full and final settlement of all dues claimed by him from the petitioner.

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(2) The petitioner M/S Niryat-Sam Apparels India Limited Noida has agreed to pay a sum of Rs. 2,50,000/- to the

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respondent No. 3 workman Suresh Chand Chauhan. Rs. 1,00,000/- was released earlier in favour of the respondent workman. Further amount of Rs. 1,50,000/- shall be paid to the respondent No. 3 Suresh Chand by the petitioner.

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(3) A sum of Rs. 2,50,000/- was deposited with the labour court in an interest bearing account. The labour court shall immediately disburse a sum of Rs. 1,50,000/- along with accumulated interest in favour of respondent No.3 Suresh Chand Chauhan. Remainder sum of Rs. 1,00,000/- shall be refunded to the petitioner employer forthwith.

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The writ petition is disposed of in terms of the mutually agreed settlement/ compromise.

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The award shall not be implemented in view of the aforesaid settlement. Respondent No. 3 workman shall not make any other monetary claim against the petitioner under any head whatsoever.

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Order Date :- 28.10.2021 Nadeem

M/S Niryat-Sam Apparels India Limited Noida v. Presiding Officer Labour Court U.P. Noida and 4 Others

Case brief

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M/S Niryat-Sam Apparels India Limited Noida v. Presiding Officer Labour Court U.P. Noida and 4 Others

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