WP/2225/1998 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2225 OF 1998 Reliance Energy Ltd. ... Petitioner V/s. Manuel D’souza & Ors. ... Respondents Mr.J.P. Cama a/w K.P. Anilkumar for Petitioners Mr.S.K. Talsania i/b M.D. Nagle for Respondent Nos.1 to 11 CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 11, 2010 P.C.: 1. After arguing the petition for some time, the parties agree that the order of the Industrial Court should be modified as follows: i) The respondent Nos.1 to 11 herein will be entitled to all the benefits of permanency including statutory benefits such as Provident Fund, ESI, etc. The wages and other service conditions of Respondent Nos.1 to 11 who are project/core staff will be governed by the settlements or agreements or circulars applicable to the project/core staff working in the contract division. WP/2225/1998 : 2 : ii) Letters will be issued by the Petitioner within three weeks from today making the respondents permanent with effect from the respective dates on which each of them had completed 240 days in service. iii) Except for Respondent Nos.5, 9 and 11, all the other respondents are working in various parts of the country. Respondent Nos.5, 9 and 11 have been transferred to Uttar Pradesh. However, they have not joined service at the place of transfer. In the event respondent Nos.5, 9 and 11 resume their duties in their places of transfer within one month from today these terms will be applicable to them. iv) The petitioners agree not to take any disciplinary action against respondent Nos.5, 9 and 11 for not having reported for duty immediately after being transferred. v) In the event Respondent Nos.5, 9 and 11 do not report at their places of transfer, the benefits under the settlement applicable to the project/core staff in the contract division shall be paid, if not paid to these workers, from the dates they completed 240 days in service upto the dates of on which they were expected WP/2225/1998 : 3 : to resume duties at the places of transfer. vi) Respondent Nos.5, 9 and 11 have been continued on duty pursuant to orders of this Court. In the event they do not report within one month, the orders protecting them will not continue. vii) The petitioners agree that all the workers will be brought back to Maharashtra and/or Gujarat as and when vacancies arise in these States. 1. The complaint (ULP) No.514 of 2002 and Application (MRTU) No.30 of 1998 will be withdrawn by the respondents within a week from today. 2. Writ Petition is disposed of accordingly. 3. Rule discharged. No costs.