Full Text
HIGH COURT OF DELHI
JUDGMENT
M/S TATA SONS LTD. ..... Petitioner
For the Petitioner : Mr Sanjoy Ghosh, Advocate
For the Respondents : Mr Sudhir Kathpalia, Advocate for R-1E along with Ms Hema Palliwal, Legal Representative of R-1E
CM No.20369/2014
1. The present is an application analogous to Order XXIII Rule 3 read with Section 151 CPC, 1908 for recording of compromise between the petitioner and one Ms Hema Palliwal, the legal representative of late Shri Ramesh Chand (respondent No.1E).
2. The present writ petition assails the Award dated 24.09.2009 passed by the learned Presiding Officer, Industrial Tribunal No.II in I.D. 2014:DHC:7062-DB No.330/2001 whereby the respondents workmen including late Shri Ramesh Chand (respondent No.1E) had been held to be the employee of the petitioner and a direction had been issued to reinstate them with the exception of late Shri Ramesh Chand (respondent No.1E), with 30% backwages. The workman late Shri Ramesh Chand (respondent No.1E) who had expired during the pendency of the labour dispute was held entitled to 30% backwages from the date of his alleged termination from service till the date of his death, except the period when the said Ramesh Chand might have worked with Apartments Residents Welfare Association (respondent No.2 in the present writ petition).
3. This Court vide order dated 05.03.2010, was pleased to stay the operation of the Award dated 24.09.2009, subject to the deposit of the Award amount with the Registrar General of this Court within six months from the date of the order. In compliance of the order dated 05.03.2010, a demand draft bearing No.005729 dated 11.03.2010 for Rs.4,75,526/- in favour of the learned counsel appearing on behalf of the parties that a sum of Rs.52,275/fell to the share of the deceased Ramesh Chand (respondent No.1E). Subsequently, the petitioner moved an application being CM No.1721/2012 for the substitution of the legal representative of the deceased respondents (including respondent No.1E). The said application was allowed by way of order dated 03.05.2012. By the said order dated 03.05.2012, this Court directed that the amount deposited by the petitioner be released in favour of the respondents, including legal representatives of the deceased respondent.
4. Now the petitioner and the legal representative of respondent No.1E (late Shri Ramesh Chand) namely Ms Hema Palliwal, have decided to enter into a compromise, under the following terms and conditions:- “(i) The petitioner agrees to pay a sum of Rs.[2] lakhs to the legal representative of respondent No.1E (Mr Ramesh Chand) namely, Ms Hema Pallwal.
(ii) The sum of Rs.[2] lakhs which will be paid by the petitioner to the legal representative of respondent No.1E (Mr Ramesh Chand), will be full and final settlement of all claims of the respondent No.1E towards the petitioner, which had formed the subject matter of ID No.330/2001 and W.P.(C) 1323/2010.
(iii) The sum of Rs.[2] lakhs which is paid by the petitioner to the legal representative of respondent No.1E will be inclusive of any payment that has been already released, to the legal representative of respondent No.1E, from the amount which had been deposited by the petitioner, with this Hon’ble Court, as per the order dated 05.03.2010 of this Hon’ble Court.
(iv) Any other legal heirs of respondent No.1E apart from Ms Hema
Palliwal, agree to file a “NO Objection Certificate” categorically stating that they have no objection whatsoever, to this compromise between the petitioner and Ms Hema Palliwal, and that they recognize this compromise, as full and final settlement of all claims of respondent No.1E, which had formed the subject matter of I.D. No.330/2001 and W.P.(C) No.1323/2010.
(v) The legal representative of respondent No.1E, namely Ms Hema
Palliwal, agrees surrender any and all claims of respondent No.1E, towards the petitioner, which had formed the subject matter of I.D. No.330/2001 and W.P.(C) 1323/2010.
(vi) The legal representative of respondent No.1E, namely Ms Hema
Palliwal, agrees that no future legal proceeding, will be initiated by the legal heirs/representatives of respondent No.1E, in respect of the claims of respondent No.1E, which had formed the subject matter of I.D. No.330/2001 and W.P.(C) No.1323/2010 either against the petitioner or the respondent No.2 (ARWA).
(vii) The legal representative of respondent No.1E, namely Ms Hema
Palliwal, agrees to indemnify the petitioner, from any and all claims, on behalf of respondent No.1E, in respect of the subject matter of I.D. No.330/2001 and W.P.(C) No.1323/2010.”
5. Although as per the terms of the above compromise, the legal representative of respondent No.1E is entitled to a total sum of Rs.2,00,000/-, however, the counsel for the petitioner, Mr Sanjoy Ghosh submits that the amount deposited in the Court under the directions of this Court dated 05.03.2010 in the sum of Rs.52,275/- be also released in favour of the said legal representative as an additional amount.
6. It is further stated by Mr Ghosh, learned counsel appearing on behalf of the petitioner that the agreed sum of Rs.2,00,000/- has already been paid over to the said legal representative by way of cheque dated 04.12.2014 bearing No.205030 drawn on State Bank of India. The sums as aforesaid are in respect of the full and final settlement of all claims of respondent No.1E towards the petitioner which had formed the subject matter of I.D. No.330/2001 and the Writ Petition (Civil) NO.1323/2010. The learned counsel appearing on behalf of the legal representative of late Shri Ramesh Chand (respondent No.1E) submits that the present compromise also covers all claims that the said legal representative may have against the respondent No.2 (Apartments Residents Welfare Association) and no further claims remain.
7. The present compromise application is accompanied by an affidavit of Shri R. Sriraman, Senior Officer, Administration and Protocol of the petitioner who is duly authorized to enter into the present compromise. The present application is also signed by Mr Sanjoy Ghosh counsel appearing on behalf of the petitioner. Similarly, the compromise application is accompanied by an affidavit of Ms Hema Palliwal, wife of late Shri Ramesh Chand (respondent No.1E).
8. I have gone through the terms of the compromise and the same is lawful. The parties shall abide by the terms of compromise. The present application is disposed of accordingly. W.P.(C) 1323/2010
1. In terms of the above compromise, both the parties have agreed that the present writ petition being W.P.(C) 1323/2010 be disposed of with respect to the respondent No.1E in the said terms. The writ petition qua respondent No.1E is disposed of accordingly.
2. The Registrar General is directed to release the sum of Rs.52,275/with interest thereon to Ms Hema Palliwal, legal representative of respondent No.1E forthwith.
SIDDHARTH MRIDUL, J DECEMBER 15, 2014 dn