National Fertilizers Ltd. v. Surender Prasad & ORS.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9936/2005 NATIONAL FERTILIZERS LTD.

..... Petitioner Through:

Mr. Inderjit Singh, Advocate versus SURENDER PRASAD & ORS.

..... Respondents Through:

Ms. Asha Jain Madan, Advocate

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.10.2017 CM No.27983/2016 &WP(C) No.9936/2005 The petitioner has filed the present writ petition, praying as follows:

"(a) Issuance of a writ of mandamus and/or a writ in the nature thereof commanding the Ld. Presiding Officer not to give any effect or further effect to the impugned award passed in I.D. Case No.325 of 2005 on 17th January 2005 and published on 20.4.2005.

(b) Issuance of a writ of certiorari commanding the Ld. Presiding Officer to submit unto this Hon‟ble Court the impugned award dated 17.01.2005 and all papers relating thereto so that conscionable justice may be administered by quashing the same.

(c) Set aside the award passed by Ld. Presiding Officer, Industrial Tribunal-III, Delhi in ID Case No.325 of 1987 on 17th January

2005.

(d) A Rule NISI in terms of prayers (a) and (b) hereinabove. (e) Issuance of any other appropriate writ or writs and/or orders(s) or direction (s) under Article 226 of the Constitution of India (f) Ad interim order or injunction staying the operation of the impugned Award dated 17.01.2005 pending disposal of this writ petition.

(g) To make the Rule absolute."

By CM No.27983/2016 under Section 151 CPC, the petitioner seeks to bring on record the Settlement dated 11.7.2016 arrived at between the parties, with the request to dispose of the writ petition, as all the disputes/differences in respect of remaining 7 respondents have since been fully resolved by them in a cordial manner. Learned counsel for the respondent submits that, since a settlement dated 11.7.2016 has been arrived at between the parties, she has no objection in case the writ petition is disposed of in view of the said Settlement, which is annexed to the present application. Learned counsel for the respondent further submits that the refund of TDS is pending before the Income Tax Department. The Income Tax Department is directed to expedite the proceedings for the refund of the TDS to the remaining workmen.

Learned counsel for the parties submit that all the disputes between the parties stand settled and no dispute is now pending between the parties.

The Settlement is taken on record. Accordingly, as prayed by learned counsel for the parties, in view of the Settlement dated 11.7.2016, the writ petition is disposed of.

CHANDER SHEKHAR, J OCTOBER 23, 2017 tp