IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 1658 of 2001 For Approval and Signature: Hon'ble MR.JUSTICE H.K.RATHOD ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- EXTRUSION PROCESSES LTD Versus VIRENDRASINH RAJENDRASINH BRAHMBHATT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 1658 of 2001 M/S TRIVEDI & GUPTA for Petitioners No. 1-2 MR SUBRAMANIAM IYER for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE H.K.RATHOD Date of decision: 22/02/2002 ORAL JUDGEMENT Rule. Service of Rule is waived by Mr. S.H. Aiyer, learned advocate appearing for the respondent workman. Heard learned advocate Mr. Thakar for M/s. Trivedi & Gupta for the petitioner. Learned advocate Mr. Subramaniam Aiyar is appearing for the respondent. The facts of the present petition are to the effect that the petitioner has challenged the award made by the labour court concerned in Reference No. 83 of 1991 dated 14th February, 2001 wherein the labour court has set aside the order of termination and has granted full back wages for intervening period with continuity of service and other consequential benefits in favour of the respondent workman. Said award was made by the labour court in respect of two workmen,one of whom is Mahendrabhai Dhirabhai and the other is Virendrasinh Rajendrasinh Brahmbhatt. By way of common award, both of them were given the same relief by the labour court concerned. Today, when the matter was taken up for hearing, learned advocate Mr. Thakar has submitted that the present matter has already been settled between the parties as per the settlement under section 2(p) of the Industrial Disputes Act, 1947, out side the Court on 8th March, 2001. He has produced copy of the said settlement arrived at between the parties before this Court which is ordered to be taken on record. I have perused the said settlement. Said settlement has been signed by the petitioner as well as the respective workmen and the union representative also. Said settlement has been registered before the Notary Shri S.N. Patel, Baroda. Therefore, considering the said settlement arrived at between the parties, it is ordered that the award made by the labour court in Reference No. 83 of 1991 in respect of the respondent herein Shri Virendrasinh R. Brahmbhatt shall stand modified in terms of the said 2(p) settlement dated 8th March, 2001. Parties are directed to abide by the terms of the said settlement. Rule is made absolute in terms indicated hereinabove with no order as to costs. 22.2.2002. (H.K. Rathod,J.) Vyas