BHARAT TEXTILE WORKS Vs. PRABHAT DALABHAI DESAI

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the award dated 08.08.2002 passed by the Labour Court, Ahmedabad in Reference ( L.C.A) No. 134 of 1988 wherein the petitioner is directed to grant reinstatement with 40 % backwages to the respondent.

(2.) The respondent was appointed as temporary Watchman on probation initially for a period of 6 months on 22.01.1987. On 07.09.1987, the respondent submitted his resignation and it was accepted on the say by making endorsement on it. The petitioner intimated respondent about acceptance of his resignation by letter dated 09.09.1987 sent by registered AD post vide post office money receipt dated 11.09.1987. The respondent has confirmed receipt of the said letter in his cross-examination. The respondent filed Reference ( L.C.A) No. 134 of 1988 before the Labour Court for reinstatement. Then after five years, the respondent filed his statement of claim alleging termination of his service w.e.f. 07.09.1987. The Labour Court passed award granting reinstatement with 40% backwages. Hence, this petition.

(3.) When the matter is taken up for hearing today, party-in- person remained present in the Court. On earlier occasion, Mr. Viral Shah, learned advocate for the respondent has filed Civil Application for direction directing the petitioner to pay wages as per Section 17(B) of the Industrial Disputes Act at an enhanced rate which was disposed of as withdrawn. As a result of hearing and discussion, there is a settlement between the petitioner and the respondent-workman whereby the workman has agreed to accept a total sum of Rs. 30,000/- in full and final settlement of his claim.