IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 3162 of 1996
For Approval and Signature:
Hon'ble MR.JUSTICE M.R.CALLA
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1. Whether Reporters of Local Papers may be allowed
to see the judgements?
2. To be referred to the Reporter or not?
3. Whether Their Lordships wish to see the fair copy
of the judgement?
4. Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?
5. Whether it is to be circulated to the Civil Judge?
1 to 5 No
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ASHIMA SYNTEX
Versus
YB SOLANKI
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Appearance:
Mr. Thakkar for M/S TRIVEDI & GUPTA for Petitioner
MR GM JOSHI for Respondent No. 1
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CORAM : MR.JUSTICE M.R.CALLA
Date of decision: 05/05/97
ORAL JUDGEMENT
Rule. Mr. Joshi waives service of the Rule on
behalf of respondent.
The parties have produced the consent terms and
it has been submitted that a sum of Rs.30,000/- is to be
paid by Ashima Syntex Ltd. to the respondent Y.B.Solanki
– in lieu of full and final settlement of all the claims,
rights and disputes regarding wages or any other
consequential benefits raised by the respondent whether
arising out of the Award dated 10.12.95 passed by the
Labour Court,Kalol in Reference (LCK) No.281 of 1988 or
otherwise. The consent terms dated 5.5.97 duly singed by
Y.B.Solanki-respondent and his counsel G.M. Joshi, by
B.H. Jani-General Manager (Legal) and his counsel Mr.
Vyas are reproduced as under and this document containing
the consent terms shall remain on record as part of this
order.
“1. Ashima Syntex Ltd. (hereinafter referred to
as the ‘petitioner Company’) agrees to pay an amount of
Rs.30,000/- to the respondent herein by way of a full and
final settlement of all the claims, rights and disputes
regarding wages or any other consequential benefits
raised by the respondent, whether arising out of the
Award dated 10.12.1995 passed by the Labour Court, Kalol
in Reference (LCK) No.281 of 1988 or otherwise.
2.The respondent herein agrees and undertakes to
accept an amount of Rs.30,000/- by way of full and final
settlement of all claims and disputes, including the
claim regarding the wages of any other consequential
benefits either with regard to the service rendered by
the respondent in the petitioner company or otherwise,
whether arising out of the Award passed by the Labour
Court,Kalol dated 10.12.1995 or otherwise.
3.The respondent further agrees and undertakes that
no other claim or dispute,including the aforesaid
benefits against the petitioner company whether arising
out of Award passed by the Labour Court, Kalol or
otherwise, would survive in light of the present
settlement and if there is any,then the same is deemed
and treated as foregone and waived.
4.The respondent agrees and undertakes to accept
the amount of Rs.30,000/- by way of full and final
settlement of all his claims, dues, rights etc.
including reinstatement in service, back wages,bonus,
gratuity, other allowances, leave or any other
consequential benefits, whether arising out of the Award
passed by the Labour Court, Kalol or otherwise.
5.It is agreed upon by and between the parties and
accepted and undertaken by the respondent that the
present settlement is a full and final settlement of all
the claims or disputes of the respondent against the
petitioner company and the respondent agrees and
undertakes to withdraw all other proceedings which might
have been initiated by him or on his behalf or at his
instance against the petitioner company or otherwise
before any court or any other authority.”
On the request of both the sides, the matter has
been decided on the basis of these consent terms. This
Special Civil Application is allowed and the impugned
Award dated 10.11.95 is modified accordingly. The
rights, duties and obligations of the parties shall,
therefore, be governed by these consent terms instead of
the impugned award and the impugned award shall stand
modified accordingly. It is also stated that the amount
settled and agreed between the parties has already been
paid by the petitioner to the respondent and that is the
end of the whole controversy. Rule is made absolute
accordingly with no order as to costs.
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