Panex Overseas v. Mehmood Ahmed

High Court of Deliii At New Delhi · 03 Aug 2012 · 2012:DHC:8764-DB
Acting Chief Justice; Rajiv Satial Dndlaw, J
LPA 542/2012
2012:DHC:8764-DB
labor appeal_allowed

AI Summary

The court disposed of the appeal, writ petition, and contempt case on the basis of a full and final settlement between the employer and workman under the Industrial Disputes Act.

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* IN TIIE HIGH COURT OF DELIII AT NEW DELHI
1- LPA 542/2012 & C.M.No.12963/2012 (condonation of delay of 6 days), C.M.No. 129 62/2012 (stay)
PANEX OVERSEAS ..... Appellant
Through: Mr.SandeepAggarwal,Adv.
VETSLIS
MIII-IMOOD AI-IMED ..... Responclent
Tlrrough: Mohd. AzarnAnsari, Adv.
-l- W.P.(C) No.6875/2010
PANEX OVERSEAS ..... Petitioner
Through: Mr.SandeepAggarwal,Adv. vel'sns
MEI{MOOD AHMED rhro'gh: Morrd. o;;*lilllT*
-r- CONT. CAS (C) No.432/20r2
MEHMOOD AI-IMED ..... Petitioner
Through: Mohd. .Azam Ansari, Adv.
VCTSUS
RAJAN CI-II-IADI-IA & ORS .... Respondenr
Through: Mr.SandeepAggar-wal,Adv.
CORAM:
IION'BLE THE ACTING CHIDF JUSTICE
HON'BLD MR. JUSTICN, RAJIV SAIIAI N,NDLAW
LPA 5 4 2/2 0 1 2, Iy. P. (C) 687 5/2 0 I 0, Conr. Cas (C) N o. 4 3 2/2 0 I 2 Page I of 3. v
2012:DHC:8764-DB rri
OII.DER
03.08.20L2
JUDGMENT

1. Though this appeal (LPA 54212012) iri filed against the interirr order passed in the application filed by the respondent under Section 178 of the Industrial Disputes Act and the writ petition is still pending, the parties have finally settled the dispute between themselves which will satis$r the arvard as well. Thus, W.P.(C) No.6875/2010 is also taken up.

2. 'It is agreed that in full ancl final settlement of all the claims of the. respondent/workman, the appellant shall pay a sum of Rs.4,00,000/- ancl after receipt of this amount, the respondent/workman shall have no clairn of any nature whatsoever inclucling that o.f the ernployment with the appel lant/management.

3. The appellant had also deposited a sum of Rs.2,39,000/- in this Court which has since been rvithdrawn by the respondent along with the interest act'ued thereupon. The respondent has been given a slu1l of Its.2,60,000/- (approx.). This amount shall be adjustecl and balance amount shall be paid to the responclent/rvorkman r,vithin one week. L P A 5 4 2/2 0 I 2, nt. P. (C) 687 5/2 0 I 0, Cont. Cas (C) N o. 4 3 2/2 0 I 2 Page 2 oJ'3. I /,>b x[1] v -= /- (\,

4. The appeal and the rvrit petition are disposed of with no ordsqgvfo costs.

5. Because of the settlement, the respondent/wot'kman also withdraws Cont.Cas.(C) 43212012 also which is accordingly dismissed as withdrarvn.

ACTING CHIEF JUS1IICE /.* /- -tV t. RAJIV SATIAI DNDLAW, J AUGUST 03,2012 'allb' -- LPA 5 4 2/2 0 1 2, A/. P. (C) 687 5/2 0 I 0, C ont. Cas (C) N o. 4 3 2/2 0 1 2