Special leave petition settling a labour dispute. Petitioner-employer agreed to pay Rs.6,73,650 deposited with interest and Rs.6,73,650 further within four weeks to respondent-workman.
Petition disposed; Registry directed to pay Rs.6,73,650 plus interest forthwith; Employer to pay further Rs.6,73,650 within four weeks.
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DSS
6-2027-07
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2027 OF 2007
The Country Manager (India) ABC Pacific
.. Petitioner
vs.
Smt. Loretta D. Mello & anr.
.. Respondents
Mr. K.P. Anil Kumar a/w. Mr. Paresh Patkar i/b M/s. Mulla and Mulla CB & C for the petitioner. Mr.P.M. Patel for respondent No.1.
CORAM : M. S. SONAK, J. DATE : 1.8.2014.
P.C. :-
1] Learned counsel for the petitioner-employer, upon
taking instructions from the petitioner and by way of offer of settlement, makes the following statement:
(a) That the petitioner-employer consents to the respondent-workman withdrawing the sum of Rs.6,73,650/- together with entire interest accrued thereon from the Registry of this Court forthwith. (Such amount came to be deposited by the petitioner-employer in this Court pursuant to the interim order made by
this Court in the present petition);
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6-2027-07
(b) The petitioner-employer shall, within a period
of four weeks from today, pay to respondent-
workman further sum of Rs.6,73,650/-.
2] Learned counsel for the respondent-workman, upon instructions from the respondent-workman, states that the workman is agreeable to settle the matter upon the aforesaid terms. Learned counsel points out that this was in fact, the offer made by and on behalf of the petitioner way back in the year 2011 and even at that stage, the workman had indicated that she was ready to accept such offer. However, it appears that on account of some misunderstanding the actual settlement did not go through.
3] Learned counsel for both the parties state that the aforesaid settlement may be recorded and the petition be disposed of on the said basis.
4] Accordingly, the statements made by and on behalf of learned counsel for the parties are accepted. It is made clear that the respondent-workman, upon receipt of the aforesaid amounts shall have not further claims of any nature as against the petitioneremployer with regard to the subject matter of the present petition.
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5] In view of the aforesaid, learned counsel for the
petitioner-employer seeks to withdraw the present petition. Leave as prayed for is granted and the present petition is disposed of in the aforesaid terms.
6] The Registry is directed to pay to the respondentworkman the amount of Rs.6,73,650/- as deposited by the petitioner-employer in this Court together with the entire interest as may have accrued upon forthwith.
7] The parties to act on the basis of the authenticated copy of this order.
8] This Court records that learned counsel for both the parties have made appreciable efforts for bringing about this settlement and such gesture on their part, is indeed laudable.
(M. S. SONAK, J.)
dinesh
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The Country Manager (India) ABC Pacific
Smt. Loretta D. Mello
Another Respondent
M. S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
