SCA/19580/2005 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 19580 of 2005 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 ? ========================================================= ARVINDBHAI S PANCHAL & 8 - Petitioners Versus HINDUSTAN OXYGEN GAS CO LTD & 1 - Respondents ========================================================= Appearance : MR DIPAK R DAVE for Petitioners : 1 - 9. MR ASHISH H SHAH for Respondent : 1, MR HUKUMSINH AGP for Respondent: 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 14/11/2008 ORAL JUDGMENT 1. The counsel for the respective parties have requested this Court for disposing of the matter SCA/19580/2005 2/3 JUDGMENT in view of the settlement arrived at between the parties. 2. Shri Patel with Shri A.H.Shah, learned advocate appearing for respondent states under instructions of the competent authority of respondent No. 1 that petitioner Nos. 1, 2, 4, 7, 8 and 9 shall be deemed to have resigned with effect from 31st March, 2008. The respondent shall pay 50% wages payable till 31st March, 2008. The respondent shall calculate and pay the amount of gratuity on the basis of full wages admissible for the month of March, 2008. The respondent shall also pay retrenchment compensation based upon the wages admissible for the month of March, 2008. The respondent shall also deposit the amount of Provident Fund and E.S.I. Contribution on the amount payable within one month, if not deposited so far. Encashment of the leave standing at the credit of aforesaid petitioners would be admissible and paid as if workmen had resigned from December, 2003. This deeming is only with regard to calculation of admissible leave encashment. The entire amount that becomes payable shall be paid within 12 weeks from today. 50% of the amount would be paid within 4 weeks from today and remaining 50% amount will be paid within 8 weeks thereafter. The petition qua petitioner Nos. 3, 5 and 6 would not survive as they have resigned pending this petition and their accounts were settled. SCA/19580/2005 3/3 JUDGMENT 3. Shri Dave, learned counsel appearing for the petitioners under instructions of representative of petitioners namely Shri Arvindbhai S. Panchal, who is petitioner No. 1 also and present in the Court today, who has been authorized to agree to the settlement terms on behalf of all the petitioners has submitted that petitioners have accepted this settlement and petition, therefore, be permitted to be withdrawn in view of the aforesaid settlement. Shri Dave has further submitted that this payment is towards full and final settlement of all disputes and claims and hereafter no claim or dispute would survive so far as aforesaid petitioners are concerned. 4. The permission as sought for is granted. The matter is disposed of in view of the aforesaid settlement between the parties. The parties shall abide by the terms and conditions recorded hereinabove. Rule is discharged. However, there shall be no order as to costs. (S.R.BRAHMBHATT, J.) pallav