The Ravalgaon Sugar Farm Ltd v. Construction Employees Union

by VIDYA SURESH AMIN Date:

2023.01.11 11:07:33 +0530 VIDYA SURESH AMIN 3.WP1693_2019.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1693 of 2019 The Ravalgaon Sugar Farm Ltd.

... Petitioner

Versus

Construction Employees Union Construction House

...Respondent

Mr. Rajesh Gehani a/w. Shraddha Chavan for the petitioner. Mr. Kiran Bapat i/b. D.H. Patil for respondent no. 1. _______________________

CORAM:

G. S. KULKARNI, J.

DATED:

9 January 2023 _______________________ P.C.

1.

Learned counsel for the parties have placed on record consent terms dated 9 January, 2023 as arrived between the parties stating that the parties have amicably settled the disputes. It is stated that at the time of passing of the impugned award dated 19 January, 2019 published in or about 4 May, 2019 passed in Reference (IT) No. 25 of 2014, the dispute remained only in regard to two workmen, namely, Mr. Sahebrao Sangle (since deceased)) and Mr. Murlidhar Gamaprasad, who happens to be the Secretary of the respondentunion. The consent terms recorded that Mr. Sahebrao Sangle expired on 2 October, 2020 and his legal heirs, namely, Lata Sahebrao Sangle (wife), Sanket Sahebrao Sangle (son) and Seema Sahebrao Sangle (daughter) have accepted the settlement as arrived and recorded in the present consent terms.

These legal heirs have signed the consent terms. In the consent terms, the said legal heirs of Sahebrao have agreed to accept lump sum amount of Rs.3,53,000/- in full and final settlement in lieu of all the claims of deceased Sahebrao Sangle arising under the impugned order upto the date of his death.

3.WP1693_2019.DOC 2.

Insofar the other employee Mr. Murlidhar Gamaprasad is concerned, he has agreed to accept an amount of Rs. 4,12,000/- in full and final settlement in lieu of all his claims arising under the impugned award upto December, 2022, as set out in the consent terms. It is stated that Mr. Murlidhar Gamaprasad continued to be in the employment of petitioner. 3.

The consent terms have set out the terms of agreement between the parties. The parties have agreed that the payment as agreed in the consent terms shall be made on or before 31 January, 2023. The consent terms are signed by Mr. Murlidhar Gamaprasad in his capacity as Secretary as also for himself, as one of the beneficiary in the impugned award. As noted above, the consent terms are signed by Mrs. Lata Sangle. Sanket Sangle and Seema Sangle, legal heirs of deceased Sahebrao Sangle. The consent terms are also signed by advocates for the parties. There is no dispute on the signatures as made in the consent terms. The consent terms are accordingly taken on record and marked 'X' for identification. The undertaking as set out in the consent terms stands accepted.

4.

The petition is accordingly disposed of in terms of the consent terms. No costs.

5.

For reporting of compliance, place the matter on 6 February, 2023 (H.O.B.) under the caption "For directions".

G. S. KULKARNI, J 11 January 2023