Court disposed of a writ petition by passing a settlement order where the respondent agreed to pay Rs. 1.75 lakhs, the petitioner resigned, and a service certificate was to be issued within four weeks.
Respondent to pay Rs. 1.75 lakhs; petitioner to resign; service certificate to be issued within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.
WRIT PETITION NO.2504 OF 2006
Rita Munwani.
...Petitioner.
Vs.
Bombay Hospital Trust.
...Respondent.
Ms. S.V. Kher with Mr. A.B. Desai for the Petitioner. Mr. C.U. Singh, Senior Advocate i/b. Sanjay Udeshi & Co. for Respondent No.1.
CORAM : DR.D.Y.CHANDRACHUD, J.
October 13, 2006 .
P.C.
After this Court granted Rule in the petition on 10th October 2006, Counsel appearing on behalf of the Petitioner and for the Respondent had requested that the matter may be placed for directions today i.e. 13th October 2006 since parties were desirous of exploring the possibility of a settlement. In the course of the hearing today, the Court has been informed that parties have settled the dispute and the terms recorded hereinafter are in full and final settlement of all the claims, demands and outstandings of the Petitioner (save and except for the Provident Fund dues, which
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the Petitioner would be at liberty to claim from the Provident Fund authorities). Counsel have requested the Court that the following order may be passed by consent and without further recording of reasons:
Rs. 1.75 lakhs within a period of four weeks from today in full and final settlement in lieu of the claim for reinstatement/reemployment;
-(ii) The Petitioner would be at liberty to approach the Provident Fund authorities for the release of her Provident Fund dues and the Respondent shall extend all necessary co-operation to facilitate the release of the dues by the PF authorities expeditiously;
-(iii) In view of the settlement that has been arrived at between the parties, the Petitioner hereby submits her resignation from the service of the Respondent with effect from the date of the
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order of termination which the Respondent will accept. The order of termination shall be substituted by the acceptance of the resignation.
-(iv) The Respondents have agreed to issue a service
certificate to the Petitioner, which shall be done within four weeks;
-(v) The reference before the Seventh Labour Court shall
stand disposed of in terms of the aforesaid directions which have ensued with the consent of the parties;
-(vi) Counsel appearing on behalf of the contesting parties desire that it be recorded that the aforesaid consent order is passed in the presence of the Petitioner and the authorised representative of the Respondent who have agreed to the settlement.
Rule discharged.
The petition is disposed of accordingly.
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Rita Munwani
Bombay Hospital Trust
DR.D.Y.CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
