vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.893 OF 2006 WRIT PETITION NO.893 OF 2006 WRIT PETITION NO.893 OF 2006 Shri Jawahar Prasad Singh ... Petitioner V/s. D.T. Shirode & Anr. ... Respondents Mr.Sachin Gite for Petitioner Mr.S.S. Dubey i/b Mr.A.K. Jalisatgi & A.B. Desai for Respondent No.1 Ms.A.A. Mane, APP, for State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JUNE 25, 2008 JUNE 25, 2008 JUNE 25, 2008 P.C.: P.C.: P.C.: . The petition has been filed for quashing the orders passed by the Industrial Court in revision application (ULP) No.87 of 2005 whereby the process issued against the respondents herein had been quashed. The petitioner had obtained an order of reinstatement with continuity of service and full backwages in respect of his demand in complaint (ULP) NO.193 of 1991. That order was challenged in revision by Respondent No.1 i.e., the employer. The revision application was dismissed. The employer then filed a writ petition which met with the same fate. The Letters Patent Appeal preferred by the respondent employer was also dismissed. Therefore, the order of the Labour Court in complaint (ULP) No.199 of 1991 has attained finality. 2. Since the respondent herein did not comply with : 2 : the order of the Labour Court which was confirmed in various further proceedings undertaken by the respondent No.1, the petitioner filed complaint (ULP) No.198 of 2001 under section 48 of the MRTU & PULP Act. Process was issued against the respondent employer. That order was challenged by the respondent by preferring revision application (ULP) No.87 of 2005. The Industrial Court in revision quashed the order of the Labour Court issuing process. Hence, the present petition to challenge the order of the Industrial Court. 3. The parties have now settled the dispute regarding the backwages payable to the petitioner. He has already been reinstated and instead of the entire backwages due and payable to him, the petitioner has agreed to accept an amount of Rs.1,35,000/- in full and final settlement towards his claim for backwages, pursuant to the order passed by the Labour Court in complaint (ULP) No.199 of 1991. This amount is in addition to Rs.49,583/- which has already been paid to him by the respondent. The petitioner has been handed over a cheque of Rs.1,35,000/- in Court. Thus, the petitioner has no claims in respect of the backwages payable to him pursuant to the order dated 11.7.2000 in complaint (ULP) No.199 of 1991. 4. It appears that application (IDA) No.2 of 2006 : 3 : is pending before the Labour Court in which the Petitioner has sought further monetary benefits under section 33-C(2) of the Industrial Disputes Act for the period after 21.4.2003. The parties are ad idem that this claim for the period after 21.4.2003 will not be affected by the present settlement. 4. In view of the fact that the parties have settled their dispute, the order of the Industrial Court in revision application (ULP) No.87 of 2005 is quashed and set aside. The order of the Labour Court, Nasik dated 7.4.2005 issuing process is also quashed and set aside. The criminal complaint (ULP) No.198 of 2001 is also quashed and set aside. 5. Petition is disposed of accordingly.