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SCA/7817/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7817 of 2008
================================================
UNITY
GAS AGENCY - Petitioner
Versus
PATEL
AIYUBBHAI IBRAHIMBHAI - Respondent
=================================================
Appearance :
MR
CB DASTOOR for Petitioner :
DS AFF.NOT FILED (N) for Respondent
:
MR JIGAR M PATEL for Respondent :
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 12/09/2008
ORAL
ORDER
Shri
CB Dastoor and Shri Jigar M Patel, learned counsel for the
petitioner and respondent workman, have jointly made request to this
Court to dispose of this matter finally in view of the settlement
arrived at between the parties. Both the parties are present before
the Court and counsels have ascertained that the parties have
arrived at an amicable settlement to putting an end to the disputes
between them once for all.
Shri
Dastoor has stated at the Bar under the instruction of Mr.
Jayprakash Brahmbhatt, an authorised representative of Unity Gas
Agency ? the petitioner, who is present and identified by him,
that the respondent workman shall be paid Rs.70,000/- (Rs. Seventy
thousand only) in equal monthly installments of Rs.10,000/- each,
the first installment thereof would start on 1/10/2008, and the
subsequent installments would be regularly paid on or before 3rd
day of every month till the installments are over.
Shri
Patel under instruction of his client states that the workman has
agreed to accept Rs.70,000/- (Rs. Seventy thousand only) in equal
monthly installments towards full and final settlement of his claim
against the petitioner. The workman agrees to accept the aforesaid
sum of Rs.70,000/- against giving up his claim against the company
for reinstatement and wages and in lieu thereof he has accepted
total sum of Rs.70,000/-. Hereafter the workman shall have no claim
against the petitioner agency in respect of any dues whatsoever.
The
workman agrees to withdraw all the proceedings pending before other
Courts, including the Labour Court against the concerned petitioner
agency, and is also agreeing not to proceed further in those matters
till the entire amount of Rs.70,000/- is paid, and once the entire
amount is paid he shall file withdrawal purshish in all the pending
proceedings.
In
view of above, Shri Dastoor seeks permission to withdraw the
petition. Permission as sought for is granted. Petition is dismissed
as withdrawn. Notice discharged.
The
parties are hereby directed to act in accordance with the aforesaid
agreed agreement between them which has been recorded through their
counsels in this order.
[
S.R. BRAHMBHATT, J ]
/vgn
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