Tina Majumder v. Air India Airport Services Limited And Others

16.01.2023 ns/pg Ct.25 WPA 1871 of 2021 Tina Majumder.

Versus

A. I. Airport Services Limited & Ors.

Mr. Soumya Majumder, Ms. Sanjukta Dutta .... for the petitioner.

Mr. Meghnad Datta, Mr. Dipankar Das ... for the respondent nos.1 to 3.

The petitioner has challenged the order of termination dated December 3, 2020 issued by the Manager - Personnel, A.I. Airport Services Limited, Eastern Region, Kolkata and prayed for reinstating her in service. This matter was heard on several occasions and in course of hearing, the matter was adjourned on January 10, 2023 as the parties submitted before this Court that they are willing to settle the dispute out of Court.

Today, when the matter is taken up for hearing, Mr. Dutta, learned Advocate duly assisted by Mr. Das, learned Advocate, representing the respondent nos.1 to 3 files a letter dated January 13, 2023 addressed to the Learned Advocate on record stating that the management of the respondent organisation has decided to pay 50% back wages to the petitioner in order to settle the dispute between

the parties once for all. The said Learned Advocates, upon taking necessary instructions from their client, further submit that the termination letter dated December 3, 2020 shall be withdrawn and instead a release order with effect from August 22, 2022 shall be issued to the petitioner.

Mr.

Majumder, learned Advocate representing the petitioner after taking instructions from his client, who is personally present in Court today, submits that his client is agreeable to accept the release order with effect from August 22, 2022 and 50% of the back wages for the period from the date of termination till the expiry of the period of contract, i.e, August 22, 2022 in full and final settlement of her claim.

The learned Advocate appearing for the respondent organisation submits that the release order shall be issued to the petitioner not later than January 19, 2023. In order to avoid any further complications in the matter, this Court directs that the said release order shall be served to the petitioner through her learned Advocate on record of this Court within the time limit mentioned hereinafter.

In view thereof, this writ petition is disposed of by directing the respondent nos.1 to 3 to pay 50% back wages for the period from December 3, 2020 till August 22, 2022 on or before January 31,

2023 and to issue release order in the manner as directed hereinbefore on or before January 19, 2023. There shall, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (Hiranmay Bhattacharyya, J.)