Concrete Builders v. Digamber Dattaram Rane

k 1/2 12 wp 3834.24 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3834 OF 2024 M/s. Concrete Builders ....Petitioner V/S Digamber Dattaram Rane ....Respondent _________ Mr. Shailesh S. Pathak for the Petitioner.

Mr. Niranjan Kamdade a/w Ms. Mallika R. Pujari for Respondent. Mr. Vikas Gudadinni, Accounts Manager of the Petitioner present in Court. Mr. Digamber D. Rane - Respondent in person present in Court. __________ CORAM: SANDEEP V. MARNE, J.

DATE : 26MARCH 2024.

P.C.:

The challenge in the present Petition is to the Award dated 4 May 2023 passed by the Presiding Officer, Fourth Labour Court, Thane by which the Petitioner is directed to pay 70% back-wages to the Respondent-workman from the date of his termination i.e. 20 April 2015 till the date of his superannuation i.e. 3 April 2020.

After arguing the Petition for some time, Mr. Pathak, the learned counsel appearing for the Petitioner and Mr. Kamdade, the learned counsel appearing for the Respondent-workman would jointly submit that the parties have arrived at amicable resolution of the dispute. Mr. Kamdade would katkam Page No.

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k 2/2 12 wp 3834.24 as.doc submit that Respondent-workman would be satisfied if a lumpsum compensation of Rs.3,00,000/- is paid to him. Mr. Pathak, after taking instructions from Mr. Vikas Gudadinni, Accounts Manager of Petitioner (Authorized Officer) submits that the Petitioner is willing to pay compensation of Rs.3,00,000/- to the Respondent-workman. The Respondent-workman as well as the Authorized Officer of the Petitioner are personally present before this Court. Both the learned counsel appearing for the parties agree that this Court need not record reasons for modifying Award dated 4 May 2023.

Accordingly with the consent of both the parties, the Award dated 4 May 2023 passed by Fourth Labour Court, Thane in Reference (IDA) No.127 of 2016 shall stand modified to the extent the Petitioner shall pay to the Respondent-workman lumpsum compensation of Rs.3,00,000/- within a period of three weeks from today.

Mr. Kamdade submits that the Respondent-workman shall withdraw the proceedings filed before the Labour Commissioner for execution of the Award dated 4 May 2023.

With the above directions, the Writ Petition is disposed of. Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2024.03.28 14:19:33 +0530 SUDARSHAN RAJALINGAM KATKAM (SANDEEP V. MARNE, J.) katkam Page No.

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