SCA/9167/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9167 of 2008 With CIVIL APPLICATION No. 11566 of 2008 In SPECIAL CIVIL APPLICATION No. 9167 of 2008 With CIVIL APPLICATION No. 11103 of 2008 In SPECIAL CIVIL APPLICATION No. 9167 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 ? ========================================================= MUKESH MAGANBHAI PATEL - Petitioner Versus MINABEN NARANBHAI - Respondent ========================================================= Appearance : MR CB DASTOOR for Petitioner MR KR KOSHTI for Respondent ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 29/09/2008 SCA/9167/2008 2/4 JUDGMENT COMMON ORAL JUDGMENT 1. Rule. Mr. Koshti, learned counsel waives service of Rule on behalf of respondent. With the joint request of the parties and their counsels, this matter is being disposed of as both the counsels for respective parties have submitted that the entire dispute is settled amicably. 2. Shri Dastoor, learned counsel appearing for petitioner under instructions of his client- the petitioner, who is present in the Court, submits that respondent-lady has already been reinstated, however, in order to have the entire dispute amicably settled, the petitioner is ready and willing to pay lump sum amount of Rs.2 lacs towards respondent's claim for back wages, future wages, and reinstatement. On payment of Rs.2 lacs, the respondent will have no claim against the petitioner and/or its organization and this amount of Rs. 2 lacs is to be paid towards full and final settlement of all the claims of the respondent including that of reinstatement and future wages and thereafter, she will have no right to claim against the petitioner. He submitted that out of 2 lacs, the petitioner has already deposited 23,000/- in this Court, which may permitted to be withdraw by the respondent and additional amount of Rs.27,000/- shall be deposited in this Court on SCA/9167/2008 3/4 JUDGMENT or before 7.10.2008, which also may be permitted to be withdraw by the respondent. The remaining amount of Rs.1,50,000/- shall be paid in equal monthly installments of Rs.10,000/- each. The first installment thereof shall start from 1.11.2008. The installment shall be paid by demand draft to the respondent within the period between 1st day to 10th day of each English calender month. 3. Shri Koshti, learned counsel appearing for the respondent under instructions of his client, who is present in the Court and also under the instruction of Mr. C.S.Nair, office bearer of the Union, who are identified by Mr. Koshti submitted that the respondent as well as officer bearer of the union have been explained the terms of the settlement and they have consented to the same. Shri Koshti has submitted that respondent shall have no right to claim any back wages, subject matter of the award, recovery application decision nor will she have any right to claim any future wages against total amount of Rs.2 lacs. Rs. 2 lacs is to be accepted against all the claims against the petitioner and after receiving Rs. 2 lac, she will have no right to claim anything against the petitioner including future wages and reinstatement etc. 4. In view of the aforesaid consensus between the counsels and their respective parties and the SCA/9167/2008 4/4 JUDGMENT assurance given by the parties that they will abide by their terms of settlement / agreement as stated hereinabove, the award shall stand modified accordingly. The Special Civil Application is partly allowed. The Registry is directed to disburse the amount of Rs.23,000/- deposited in this Court by the petitioner to respondent by way of Account Payee Cheque. The amount of Rs.27,000/- as agreed would be deposited by petitioner by 7.10.2008, the same shall also be permitted to be withdrawn by respondent by way of Account Payee Cheque. The petitioner is to pay remaining amount of Rs.1,50,000/- within a period of 15 months from 1.11.2008 in equal monthly installments of Rs.10,000/- each by way of Demand Draft. Rule is made absolutely to the aforesaid extent. 5. In view of the order passed in Special Civil Application No. 9167 of 2008, no order in Civil Application Nos. 11103 of 2008 and 11566 of 2008 and are disposed of accordingly. (S.R.BRAHMBHATT, J.) pallav