SCA/17182/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 17182 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 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 ? ========================================================= MANAGER, GUJARAT STATE COOPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. - Petitioner(s) Versus SECRETARY, GUJARAT STATE COOPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK EMPLOYEES UNION - Respondent(s) ========================================================= Appearance : MR HASMUKH THAKKER for Petitioner(s) : 1,MR PALAK H THAKKAR for Petitioner(s) : 1, MR TR MISHRA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 13/08/2008 ORAL JUDGMENT 1. Mr. Thakkar, learned advocate and Mr. Mishra, SCA/17182/2007 2/3 JUDGMENT learned advocate jointly submitted that in respect of the dispute and claim in present petition, the petitioner and respondent have arrived at an amicable settlement outside the Court and the terms of the settlement have been incorporated in the document dated 5.8.2008. It is jointly submitted by Mr. Thakkar and Mr. Mishra, learned advocates that parties have agreed to abide by the terms and conditions of the said settlement dated 5.8.2008, which is arrived at as a full and final settlement of all claims and disputes. It is jointly submitted by the parties that by award impugned in present petition, the Industrial Tribunal fixed the age of retirement at 60 years and directed the petitioner bank to give effect to the said direction from 1.1.2007, however, by virtue of this settlement, the Bank and the Union have agreed to give effect to the said direction regarding retirement age from 1.6.2007 instead of 1.1.2007. It is further jointly requested that the petition may be disposed of in terms of said settlement by modifying the award accordingly. 2. Considering the joint request of the parties, the settlement dated 5.8.2008 is taken on record. Mr. SCA/17182/2007 3/3 JUDGMENT Thakkar, learned advocate submitted that the settlement has been given effect by the petitioner Bank and same has also been duly implemented. Considering the said submission of Mr. Thakkar, learned advocate, it is directed that the Award dated 16.4.2007 passed in Reference (IT) No.79 of 2003, which is impugned in present petition stands modified in terms of the said settlement dated 5.8.2008. 3. With the aforesaid observation and clarification as well as above direction, the petition is disposed of in terms of settlement. Rule is discharged. Ad interim relief granted earlier, if any, stands vacated. (K.M.THAKER, J.) ynvyas