SCA/6790/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6790 of 2007 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT ========================================================= 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 ? ========================================================= DR. V.N.KAMATH - Petitioner(s) Versus T C CHAUHAN, REPRESENTATIVE OFTHE EMPLOYEES OF B.E.M. & 4 - Respondent(s) ========================================================= Appearance : Petitioner in person MR KS ACHARYA for Respondent(s) : 1 - 4. MS ASMITA PATEL, AGP for Respondent(s) : 5, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT Date : 16/03/2007 ORAL JUDGMENT Heard the petitioner who has appeared in person and the learned advocates. Draft amendment is allowed. The amendment shall be carried out within one week from today. SCA/6790/2007 2/4 JUDGMENT RULE returnable today. Learned advocates Mr.Acharya and Ms.Patel waive service of rule. With the consent of the petitioner and the learned advocates, the petition is heard and disposed of today. The petitioner before this Court is the Managing Director of Baroda Electric Meters, an Industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947. It appears that the workmen of the petitioner-Industry raised industrial dispute in respect of their demands regarding revision of wages and certain allowances, bonus, etc. The said dispute was referred to the Industrial Tribunal, Nadiad and registered as Reference (ITN) No.70/1999. Pending the said Reference the petitioner and its workmen settled the matters at issue. The Tribunal, therefore, made an award in terms of the settlement on 21st June, 2000. It further appears that the petitioner failed to carry out the terms of the said settlement. The workmen, therefore, took out Recovery Application No.58/2001 which came to be allowed on 18th December, SCA/6790/2007 3/4 JUDGMENT 2003. Pursuant to the said order Recovery Certificates in the sum of Rs.54,84,272=00 dated 10th October, 2003 and in the sum of Rs.1,16,72,911=00 dated 7th January, 2004 came to be issued by the Labour Court, Anand. Dr.Kamath, the Managing Director has submitted that since the issuance of the above referred Recovery Certificates, the matters at dispute have once again been settled between the petitioner and its workmen. By an agreement dated 26th January, 2006 the petitioner has, in full and final settlement of all the claims of the workmen, agreed to pay a sum of Rs.1,30,00,000=00. The said amount has been deposited in the Syndicate Bank at Anand. He has submitted that the Syndicate Bank at Anand has agreed to disburse the said amount amongst the workmen. He has, therefore, submitted that the aforesaid award dated 21st June, 2000, order dated 18th December, 2003 and the Recovery Certificates issued pursuant to the said award be quashed and set-aside. Mr.Acharya has appeared for the respondents SCA/6790/2007 4/4 JUDGMENT nos.1 to 4, the office bearers of the workers' union. He has admitted that the workmen have indeed settled the matters in terms of the agreement dated 26th January, 2006. The aforesaid respondents, therefore, shall have no objection if the petition is allowed as prayed for. In above view of the matter, the petition is allowed. The impugned award dated 21st June, 2000 passed by the Industrial Tribunal, Nadiad in Reference (ITN) No.70/1999 is modified in terms of the agreement dated 26th January, 2006 (Annexure-'D' to the petition). Consequently, the impugned Recovery Certificates issued on 10th October, 2003 and 7th January, 2004 are quashed and set-aside. In view of this order the challenge to the order dated 18th December, 2003 made on Recovery Application No.58/2001 shall not survive. Rule is made absolute in the above terms. The parties shall bear their own cost. (Ms. R.M.Doshit, J.) /moin