M/S Modi Rubber Ltd v. Mr. Jitendra K. Tiwari And ORS

501-wp-10101-2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10101 OF 2011 M/s. Modi Rubber Limited

...Petitioner

vs.

Jitendra K. Tiwari and Others

...Respondents

Mr. Jayesh Desai i/b. Desai & Desai Associates, for the Petitioner. Mr. Yogendra Pendse, for Respondent No. 1.

CORAM :

N. J. JAMADAR, J.

DATE :

JUNE 27, 2023 P.C.:

1.

Not on board. Mentioned by way of praecipe. Taken on board. 2.

The learned counsel for the parties submit that the parties have amicably settled the dispute and Memorandum of Settlement under section 2(p) of the Industrial Disputes Act, 1947 has been executed. The learned counsel seek to leave to tender a copy of the Memorandum of Settlement.

3.

Original Memorandum of Settlement also tendered for the perusal of the Court.

4.

Mr. S.K. Bajpai, the Head Legal & Company Secretary of the petitioner and Mr. Jitendra K. Tiwari, respondent No. 1/ workman are present. They admit the terms of the Memorandum of Settlement and execution thereof.

5.

A copy of the Memorandum of Settlement is taken on record and marked X.

Vishal Parekar, P.A.

...1

501-wp-10101-2011.doc 6.

It appears that the parties have worked out a comprehensive settlement of the dispute and there is no coercion or duress. 7.

The petition thus stand disposed in accordance with the terms of Memorandum of Settlement (X).

8.

The amount deposited by the petitioner along with interest accrued thereon in terms of order dated 20th January, 2012 be paid to the petitioner on proper identification and in accordance with rules.

9.

Petition disposed.

(N. J. JAMADAR, J.) Vishal Parekar, P.A.

...2