INDIAN RAYON Vs. IMTIYAZ IBRAHIM SHAIKH

JUDGEMENT

(1.) This petition under Article 226 /227 of the Constitution of India is filed by the petitioner with following prayer:-

(2.) Essentially the issue is as to whether the parties have entered into settlement before the Lok Adalat and had settled the issues, which according to the petitioner, the settlement was not genuine as the representatives of the petitioner were entered into settlement, they are not authorized to do. At the same time, it is the case of the respondent workman that the settlement was genuine and not only the representatives of the petitioner, but advocate appearing for the petitioner had also signed the settlement which was placed before the Labour Court. However, today, when the matter is taken up, both learned advocates for the parties have indicated that the parties are ready and willing to enter into full and final settlement, where the petitioner shall pay certain amount towards full and final settlement which the respondent workman Mr.Imtiyaz Ibrahim Shaikh is ready and willing to accept. However, there is a small difference between the amount so demanded by the workman and the willing of the petitioner company to pay and has therefore, left it upon the Court to arrive at a figure which will be acceptable by both the sides.

(3.) Considering the aforesaid and having taken sense from the petitioner what they are ready to offer and that of the workman the amount i.e. ready to accept, the Court is of the view that the interest of justice will be protected and balance would be struck, if the petitioner makes the payment of an amount of Rs.10,50,000.00 to the respondent Mr.Imtiyaz Ibrahim Shaikh. The amount shall be paid by the petitioner to the respondent workman within a period of four months from today. The aforesaid amount shall be treated to a full and final settlement and no grievance will be raised by either party in connection with the subject matter.