Kulai Ram v. Govt. Of NCT Of Delhi & ORS.

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3961/2010, CRL.M.A. 10274/2011 + W.P.(C) 1860/2013 KULAIRAM APEEJAY SCHOOL • Petitioners Through:

Mr. Vivek B. Saharya, Adv. (item No.2) Mr. H.L. Tiku Sr. Adv. with Ms.

Yashmeet Kaur, Adv. (item No.3) T versus GOVT. OF NOT OF DELHI & ORS.

..... Respondent Through:

Ms. Jyoti Taneja, Adv. for GNCTD with Mr. A.K. Tyagi, DEO (Zone 23) (item Nos. 2 and 3) Mr. H.L. Tiku Sr. Adv. with Ms.

Yashmeet Kaur, Adv. for R-2 (item No.2) Mr. Vivek B. Saharya, Adv. (item No.3)

CORAM:

HON'BLE MR.

JUSTICE V. KAMESWAR RAO

ORDER

% 23.08.2017 1.

Mr. Vivek B. Saharya, learned counsel appearing for the workman Kulai Ram in both the petitions states, he has discussed the matter with Mr. Kulai Ram, who is also present in the Court and is agreeable to settle his

dispute with the Apeejay School and A to Z Housekeeping Solutions Pvt. Ltd (respondent No.3 in W.P.(C) No. 3961/2010) by accepting an amount of Rs.2,50,000/-. The same shall be in fiill and final settlement of all wages, dues Gratuity, Leave Encashment and/or any other dues and/or claims including retifal/terminal benefits.

2.

Mr. Tiku has placed before me, the terms on which the settlement has V'

f been agreed to. The same is taken on record. I reproduce the said terms as under:- "i) Mr. Kulai Ram will be deemed to have unconditionally resigned from the services of A to Z Housekeeping Solutions Pvt. Ltd. w.e.f 23.8.2017 and will not be reporting for duty at Apeejay School w.e.f23.8.2017.

a) He has received pay order bearing no. 573180 dated .r 21.7.2017 drawn in the name of Kulai Ram in the sum of Rs.2,50,000/- in full and final settlement of all wages, dues gratuity, leave encashment or any other dues and/or claims including retiral/terminal benefits.

Hi) He will apply to A to Z Housekeeping Solutions Pvt. Ltd for processing of Provident Fund withdrawal form, who will process the form without any delay. "

3.

In terms of the settlement, a Pay Order bearing No. 573180 dated 21.7.2017 has been handed over to Mr. Kulai Ram today in the Court. In

a view of the aforesaid, the W.P.(C) No. 3961/2010 filed by Mr. Kulai Ram has been rendered inffuctuous and disposed of as such. 4.

Mr. Kulai Ram states, he shall tender his resignation from the services of A to Z Housekeeping Solutions Pvt. Ltd. He also states, he shall not be reporting for duty in Apeejay School from August 23, 2017 henceforth. 5.

The order dated February 05, 2013 passed by the Director of Education, challenged in W.P.(C) No. 1860/2013 whereby a direction was given to regularize the services of Kulai Ram with effect from October, 2004 stands set aside.

AUGUST 23, 2Qll/ak 6^ V. KAMESWAR RAO, J f