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Bombay High CourtWP/2421/2017consent term

Teracom Ltd. And Mukesh Arora v. Joginder Singh Bains

2017-09-29Hon'Ble Shri Justice Prasanna B. Varale2 pages

wpl1953-17.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1953 OF 2017 M/s. Teracom Limited And Anr.

...Petitioners

vs Shri Joginder Singh Bains

...Respondent

.....

Mr. Mahek Shukla, for the Petitioners.

Mr. Ashok Shetty, a/w. Mr. Swapnil P. Kamble, for the Respondent. ......

CORAM : PRASANNA B. VARALE, J.

DATED: 29 SEPTEMBER, 2017 P.C. :

.

Learned Counsel appearing for the respective parties submits that the parties have arrived at an amicable settlement. The Consent Terms settled between the parties are placed on record, and they are duly signed by the parties as well as the Counsel representing the parties. The parties are personally present in this Court. The Respondent Joginder Singh Bains is present in the Court. He admits that the terms are settled between the parties. The Respondent Joginder Singh Bains has agreed to accept the amount of Rs.7,75,000/- in full and final settlement of his Legal/Terminal dues and claims including Gratuity, Leave wages, Bonus, PF contributions, etc. arising out of his employment. The Petitioner handed over the amount of Rs.4,75,000/- by way of DD No.009423 dated 27 July 2017 drawn on Saraswat Bank to the Respondent. It is submitted that pursuant to the order in Complaint Pg 1 of 2

wpl1953-17.doc (ULP) No.51 of 2011, a DD No.009413 dated 8/9/2017, drawn on Saraswat Bank for amount of Rs.3 lakhs, is already deposited by the Petitioner with the 3rd Labour Court, Mumbai, and the Petitioner gives no objection to Respondent to withdraw the amount of Rs. 3 lakhs from the Labour Court. If such an application is made to the Labour Court, the Secretary of the Labour Court, Mumbai to permit the withdrawal in view of the settlement arrived at between the parties and accepted by this Court. The parties have settled their terms and the Respondent agreed to set aside the order dated 15 January 2015 and 17 May 2017. The authorities are hereby directed not to proceed with the recovery proceedings and the proceedings be closed.

2.

The Consent Terms are placed on record, marked "X" for identification.

3.

The petition is disposed of in view of the Consent Terms and in view of the above referred directions of this Court. ( PRASANNA B. VARALE, J. ) Pg 2 of 2