1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.272 OF 2008 M/s.Padumjee Pulp & Paper Mills Limited .. Petitioner Versus Gayaram Durgaprasad Pandey & Anr.. Respondents Mr.P.C.Pawaskar for petitioner Mr.P.Gusign for respondent No.1 CORAM : S.C.DHARMADHIKARI, J. DATE : 6th May 2008 P.C. . This petition under Article 226 of the Constitution of India is directed against the Award dated 12th April 2008 passed by the Presiding Officer, 3rd Labour Court, Mumbai in Reference (IDA) No.253 of 2002. That award directs reinstatement of respondent No.1 in the services of the petitioner with backwages, as 2 indicated in the said Award. 2. After the matter was placed for admission and argued for some time, both sides agree that upon payment of Rs.1,50,000/- which the first respondent workman accepts in full and final settlement, the award of the 3rd Labour Court shall stand modified and substituted inasmuch as the order of termination of service would stand without being interfered by this Court under Article 226 of the Constitution of India. 3. Mr.Pawaskar confirms handing over of cheque in the above sum to the respondent in Court. Upon presentation if the cheque is honoured, the award to stand substituted accordingly. If the cheque is dishonoured the petition to stand dismissed without any reference to the Court and thereupon the order of reinstatement with backwages and continuity would take effect. 3 4. Minutes which are signed by parties and their Advocates are taken on record and marked "X" for identification. First respondent is present in court and he confirms the above agreement. He submits that he is accepting the aforesaid sum in full and final settlement of all his claims and gives up his right to enforce and execute the award upon the cheque being honoured. He has stated that there is no pressure or force and the arrangement is arrived at willingly. In such circumstances, the petition is disposed of in terms of the consent terms. (S.C.Dharmadhikari, J)