LAWS(GJH)-2008-9-124

MUKESH MAGANBHAI PATEL Vs. MINABEN NARANBHAI

Decided On September 29, 2008
MUKESH MAGANBHAI PATEL Appellant
V/S
MINABEN NARANBHAI Respondents

JUDGEMENT

(1.) RULE. Mr. Koshti, learned counsel waives service of Rule on behalf of respondent. With the joint request of the parties and their counsels, this matter is being disposed of as both the counsels for respective parties have submitted that the entire dispute is settled amicably.

(2.) SHRI Dastoor, learned counsel appearing for petitioner under instructions of his client- the petitioner, who is present in the Court, submits that respondent-lady has already been reinstated, however, in order to have the entire dispute amicably settled, the petitioner is ready and willing to pay lump sum amount of Rs. 2 lacs towards respondent's claim for back wages, future wages, and reinstatement. On payment of Rs. 2 lacs, the respondent will have no claim against the petitioner and/or its organization and this amount of Rs. 2 lacs is to be paid towards full and final settlement of all the claims of the respondent including that of reinstatement and future wages and thereafter, she will have no right to claim against the petitioner. He submitted that out of 2 lacs, the petitioner has already deposited 23,000/- in this Court, which may permitted to be withdraw by the respondent and additional amount of Rs. 27,000/- shall be deposited in this Court on or before 7. 10. 2008, which also may be permitted to be withdraw by the respondent. The remaining amount of Rs. 1,50,000/- shall be paid in equal monthly installments of Rs. 10,000/- each. The first installment thereof shall start from 1. 11. 2008. The installment shall be paid by demand draft to the respondent within the period between 1st day to 10th day of each English calender month.

(3.) SHRI Koshti, learned counsel appearing for the respondent under instructions of his client, who is present in the Court and also under the instruction of Mr. C. S. Nair, office bearer of the Union, who are identified by Mr. Koshti submitted that the respondent as well as officer bearer of the union have been explained the terms of the settlement and they have consented to the same. Shri Koshti has submitted that respondent shall have no right to claim any back wages, subject matter of the award, recovery application decision nor will she have any right to claim any future wages against total amount of Rs. 2 lacs. Rs. 2 lacs is to be accepted against all the claims against the petitioner and after receiving Rs. 2 lac, she will have no right to claim anything against the petitioner including future wages and reinstatement etc.