SCA/9451/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9451 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SINDHAV MOTIBHAI GANESHBHAI - Petitioner Versus KATHANA JUTH SEWA SAHKARI MANDALI LTD. - Respondent ========================================================= Appearance : MR TR MISHRA for Petitioner: 1,MR UT MISHRA for Petitioner: 1, MR PS GOGIA for Respondent : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 15/12/2008 ORAL JUDGMENT 1. Rule. Mr. Gogia, learned advocate waives service of Rule on behalf of respondent. At the joint SCA/9451/2008 2/3 JUDGMENT request for learned counsel appearing for respective parties, this matter is taken up for final disposal. 2. In terms of the agreement and consensus arrived at between the parties and endorsed by learned counsel for the parties, the workman i.e. petitioner shall give up all his claim including that of reinstatement against respondent Mandali on receipt of Rs.80,000/- (Rs. Eighty Thousand only). Out of which, in fact Rs.40,000/- have already been deposited. So on depositing of remaining amount of Rs.40,000/- which the respondent Mandali shall deposit with the Labour Court within period of 15 days from today and on receipt of Rs.80,000/- as agreed between the parties, the workman shall have no claim whatsoever against the respondent Mandali and this receipt and acceptance of Rs.80,000/- towards full and final settlement of all the claims of the petitioner including reinstatement and other claim. 3. In view of this consensus between the parties and endorsed by learned counsel for the parties, the petition is disposed of. The respondent Mandali as per their agreement shall deposit the remaining amount of Rs. 40,000/- before the Labour Court within 15 days from today and same shall be disbursed to the workman immediately by account payee cheque by the concerned court. The SCA/9451/2008 3/3 JUDGMENT parties shall abide by the settlement. Rule is made absolute to the aforesaid extent. However, there shall be no order as to costs. (S.R.BRAHMBHATT, J.) pallav