Mr. Sudhir Chandulal Jain v. The Asst. Commissioner Of Labour , Bhiwandi And ORS
501-wp-1386-2019.odt rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1386 OF 2019 Sudhir Chandulal Jain & Ors.
.. Petitioners Vs.
The Assistant Commissioner of .. Respondents Labour, Bhiwandi & Ors.
Mr. Avinash Jalisatgi i/b. Mr. Vaibhav Jagdale for the Petitioner. Mr. K. S. Thorat, AGP for Respondent nos. 1 to 3 - State. CORAM : A.K. MENON, J.
DATED : 7 th FEBRUARY, 2019.
P.C. :
1.
Learned counsel for the petitioner and respondent no. 4 state that they have arrived at a settlement of all disputes between them. They have tendered consent terms. The respondent no. 4 has agreed to accept a sum of Rs.4,50,000/- in full and final settlement as set out in the consent terms. 2.
Petitioner and respondent no. 4 are present in Court. Both parties have signed consent terms which is seen to have been explained and interpreted to respondent no.4 by his Advocate. In view of the above, I pass the following order :
1/2
501-wp-1386-2019.odt (i) There will be order in terms of the consent terms. (ii) Upon payment of the entire amount of Rs.4,50,000/- as contemplated in paragraph 8 the impugned orders of attachment and recovery certificate(s) issued by respondent no. 1 forming subject matter of the petition issued at the instance of respondent no. 4 in respect of his claim in reference Application IDA/172/2012 shall stand vacated and cancelled respectively.
(iii) It is made clear that clause (ii) above will come into effect only upon realisation of the sum of Rs.4,50,000/- to be paid by the petitioner to respondent no. 4.
(iv) On behalf of the State learned AGP has no objection to the settlement and undertakes to communicate this order to the Tahsildar - Respondent no.2.
(v) In view of the aforesaid subject to compliance of the aforesaid, the Labour Court, Thane shall give effect to clause 9 of the consent terms.
(vi) Parties to act on an authenticated copy of this order. (A.K. MENON,J.) 2/2