HIGH COURT OF CHHATTISGARH: BILASPUR Writ Petition Np. 3236 of 2005 ^ Petitioners 1. Pracharya, D.A.V. Public School, Kusmunda - 495454, District Korba 2. Kshetriya Nideshak, D.A.V. Publte School, Behind Mahila Vidyalaya H U D C O, Bhilai, District Durg (C.G.) 3. Sachiva, D.A.V. Coliege Managing Committee, Pahargan], New Delhi Versus Respondents 1. L. N. Tiwari, Chowkidar, Viltege Darri, Post Bhilai Bazar, Via. Hardi Bazar, District Korba (C.G.) 2. Assistant Labour Commissioner- Cum-Appellate Authorify, C.G. Shops & Establishment Act, Korba 0/Vrit Petition under Article 226/ 227 of the Constttution of India) SB: Hon'bte Mr. Justice Satish K. Agnihotri Present: Shri Ashish Shrwastava, counsel for ttie petitfoners. Shri Mhok Vaishnav, counsel for (he respendent naJ. ORAL QRDER (Passed on 25th Jyne, 2007) t.A. No.01 (1) This is an application f&r disposal of the writ petition in terms of the deed of compromise between the parties. (2) !n view of the deed of compromise dated 25th June, 2007 this matter stands disp^ed of in terms of Clause 5 of the deed of compromise, which read as under:- "5. That in view of the above and so also the facts and circumstances of the case both the yKirttes as aforesaid (i.e. first party and second party) have arrived into the amicable setHement on the foilowing terms and conditions: (1) That ttie first party had agreed to reinstate the seeond party on the same terms and conditions of employment as the second party was continued in the emptoyment prior to termination of service vide dated 01.04.2004. (II) That the second party since has not worked/performed his duty after 01.04.2004 in the DAV Public School. Kusmunda, Korba, therefore, neither he will ctaim nw will be entitled for any payment of salary/backwages for the period after 01.04.2004 till the date of his rejoinir^ of his duty in the DAV Public School, on the prjnciptes @f no work and no pay. (III) That the second party may be reinstated in the DAV Public School, Kusmunda or to some other DAV School. within the region looking to the availabie vacancy, on the same terms and condition as prior to 01.04.2004. (IV) That the second party after his reinslatement, will maintain good conduct, djscipline and perform his duty with sincerity and honesty and jf either of the aforesaid conducts are vidated, the first party or the DAV Management Committee, will be free to teke disciplinary action and terminate the services of ttie seeond party forthwith. (V) That the second party has submitted an undertateir^ vide dated 02.03.2007 withdrawing all the allegatlons against the Principal and the Management Committee of tfie DAV School made after the termination of second party with effect from 01.04.2004and further, that he wiil maintain good conduct, discipline and sincerlty towards hls duty in the DAV School.^ajling which hisservices wd! be terminated forthwith. A copy of undertaking dated 02.03.2007 is enclosed herewith as Document D X." (3) it is ordered accordingly. - (4) Consequently, the writ petition stands dteposed of. Karuna Sd/- Satish K. Agnihotri Judge