1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2377 OF 2008 Cummins India Limited ..Petitioner. Vs. Nilesh S. Mahindrakar and others ..Respondents. .... Mr. C.U. Singh, Senior Advocate with Mr. Amit Mehta and Ms. Sanika Deshpande i/b M/s. Haresh Mehta & Co. for the Petitioner. Ms. Jane Cox for Respondents 1 to 5. .... CORAM: DR. D.Y. CHANDRACHUD, J. 26th June, 2008. P.C. : 1. These proceedings arise out of an interim order passed by the Labour Court on 22nd February, 2008 in a reference to adjudication being I.D.R. 7 of 2006. During the course of the hearing an adjournment was sought on 7th April, 2008 by the learned counsel in order to explore whether the main dispute in the reference could be resolved amicably so as to obviate further proceedings in the reference. Thereafter further adjournments were sought before the Court by consent on 16th April, 21st April, 24th April, 28th April, 5th May and 24th June, 2008. During the 2 course of the hearing of the proceedings today this Court has been informed that a settlement has been arrived at between the Petitioner and the workmen of Cummins India Limited represented by the Respondents. This Court has been consequently requested to record the terms of the settlement. Parties have agreed that the offer which was made by the Petitioner to the workmen as contained in annexure B filed together with Exhibit 19 before the Labour Court shall govern the terms and conditions of the workmen for the years 2006 and 2007 respectively as stated in the chart and, for the year 2008, the same terms as were offered by the management for 2007 shall be extended. All the other existing terms and conditions of service shall continue to be extended to the workmen. The terms of the settlement, it is agreed shall correspond to the chart which forms a part of these proceedings at page 244-B and a copy thereof has been separately tendered before the Court and initialled by Counsel appearing for the Petitioner and Respondents and marked as 'X' for identification. 2. In view of the aforesaid agreement which has been 3 arrived at between the parties, on the joint request of the learned counsel appearing for the parties, the reference before the Industrial Court, I.D.R. 7 of 2006 shall have to be disposed of in the aforesaid terms. The Labour Court shall now formally proceed to pass an award in terms of the settlement which has been arrived at in the aforesaid terms. The Petition shall stand disposed of accordingly. There shall be no order as to costs *****