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SCA/13710/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13710 of 2010
===================================
DIVISIONAL
CONTROLLER - Petitioner
Versus
HARILAL
K PARMAR - Respondent
===================================
Appearance
:
MS
KIRAN D PANDEY for Petitioner.
MS RENU R.SINGH for
Respondent.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 02/12/2010
ORAL ORDER
The
petitioner – Divisional Controller of the Gujarat State Road
Transport Corporation, Rajkot has filed this petition under Article
227 of the Constitution of India challenging the judgment and award
dated 09.09.2009 passed by the Industrial Tribunal, Rajkot in
Reference (IT) No.299 of 1999 whereby the order dated 13.12.1984
passed by the Corporation was quashed and set aside and the
petitioner Corporation was directed to recoup the entire loss
suffered by the respondent workman from the date of the said order.
The
petition was admitted and rule was issued on 18.10.2010. Ad-interim
relief was granted in terms of paragraph 8 (C) of the petition.
During
the pendency of this petition, a settlement was arrived at between
the parties. Ms. Kiran D. Pandey, learned advocate appearing for
the petitioner places a communication dated 12.07.2010 issued by Mr.
V. S. Hazare, Legal Adviser of the petitioner Corporation stating
that if the respondent workman is prepared to forgo 50% of the
amount as per the award passed by the Industrial Tribunal, the
petitioner Corporation is ready to settle the matter with the
respondent workman. Pursuant to this communication, a letter dated
14.08.2010 is written by the respondent workman to the General
Manager (Administration) wherein he has shown his willingness that
if the petitioner Corporation is agreeable to pay 50% of the awarded
amount and places this fact before the Court in a pending petition,
he is ready to settle the issue. Both these letters are taken on
record. Learned advocates appearing for the petitioner as well as
respondent are agreeable to the above settlement arrived at between
the parties and if the award passed by the Labour Court is modified
in the above terms, the same is acceptable to the parties.
In
the above view of the matter, the award passed by the Industrial
Tribunal on 09.09.2009 is modified to the above extent whereby the
respondent workman is eligible to 50% of the amount as indicated in
the award of the Industrial Tribunal.
This
petition is accordingly disposed of. Rule is made absolute to the
above extent without any order as to costs.
Sd/-
[K. A. PUJ, J.]
Savariya
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