WP/4006/1998 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4006 OF 1998 Maharashtra Fine Chemicals, Pune ... Petitioner V/s. Suryakant Ramchandra Naik & Ors. ... Respondents Smt. Meena H. Doshi for the Petitioner. Mr. S.R. Nargolkar for Respondent No.1. CORAM: SMT. NISHITA MHATRE, J. DATE : 19 TH OCTOBER, 2010. ORAL JUDGMENT : 1. The Writ Petition challenges the order dated 12th September, 1997 passed by the Labour Court, Pune in Complaint (ULP) No.140 of 1986. By this order the Labour Court has held that the petitioner has committed unfair labour practices under Items 1(a), (b), (d), (f) and (g) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (for short “the MRTU & PULP Act”). The Labour Court has directed the petitioner to cease and desist from indulging in the aforesaid unfair labour practices. It has further directed the petitioner to pay the WP/4006/1998 2 respondent No.1-workman Rs.1,50,000/- within one month from the date of the order together with interest @ 9% p.a. from 1990 till the date of actual payment. The Industrial Court, Pune, in the Revision Application (ULP) No.151 of 1997 filed by the petitioner, has confirmed this order. 2. While admitting the Petition, the petitioner was granted interim relief on condition that it deposits in this Court the amount as awarded by the Labour Court, Pune. Accordingly, the petitioner had deposited Rs.2,50,000/- in this Court. Pursuant to the permission granted by this Court, the respondent No.1-workman has withdrawn the amount. 3. After arguing the Petition for some time, the parties have agreed to settle the dispute. The respondent No.1 is present in Court and he has no objection to the following terms of settlement. 4. The order dated 12th September, 1997 passed by the Labour Court, Pune in Complaint (ULP) No.140 of 1986 is modified to the following extent, by consent: WP/4006/1998 3 (i). The amount of Rs.1,50,000/- will be paid to the respondent No.1-workman for the period from 7th June, 1986 to 22nd July, 1986 and for the subsequent period from February, 1988 to December, 1990. (ii). This amount includes the wages payable for the aforesaid period as also retrenchment compensation and gratuity payable to the respondent No.1-workman by accepting his date of termination as 31st December, 1990, when the petitioner-Company closed down. (iii). Accordingly, the respondent No.1- workman is entitled to retain Rs.1,50,000/- out of the amount withdrawn by him from this Court. He shall deposit in this Court Rs. 1,00,000/- within a period of four WP/4006/1998 4 weeks from today. On the deposit being made, the security furnished by the respondent No.1-workman while withdrawing Rs.2,50,000/- shall be discharged. (iv). The petitioner is entitled to withdraw the amount of Rs.1,00,000/- once it is deposited by the respondent No.1-workman in this Court. 5. The Writ Petition is disposed of in the aforesaid terms. 6. Rule discharged.