Sankalp Engineering And Services Pvt Ltd v. Rashtriya Shramik Aghadi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2005 OF 2025 Sankalp Engineering and Services Pvt. Ltd.

....Petitioner : Versus :

Rashtriya Shramik Aghadi ....Respondent Mr. Pradeep Thorat with Mr. Hormuz Mehta i/by. J. Sagar Associates, for the Petitioner.

Mr. Sumit Krishnakumar Tiwari, for Respondent Nos.2 to 13.

CORAM :

SANDEEP V. MARNE, J.

Dated :

7 March 2025.

P.C. :

1) The petition challenges the Award dated 16 October 2024 passed by the Industrial Tribunal, Pune in Reference (IT) No.14/2014 by which the 12 workmen named in para-30 of the Award have been directed to be reinstated with 50% backwages with continuity of service from March, 2013.

2) It is pointed out that the Reference was made at the instance of the Union-Rashtriya Shramik Aghadi which apparently no longer represents the said 12 workmen as observed by the Industrial Tribunal in para-5 of the Award. In that view of the matter, leave is granted to implead the 12 workmen named in para-30 of the Award as 1 of

Respondent Nos.2 to 13. Amendment to be carried out forthwith. Mr. Tiwari, the learned counsel would waive service on behalf of Respondent Nos.2 to 13.

3) Mr. Thorat and Mr. Tiwari would jointly submit that the Petitioner and Respondent Nos.2 to 13 have arrived at amicable settlement under which the Petitioner has agreed to offer various amounts towards lumpsum compensation to the 12 workmen towards full and final settlement of all their claims qua the Petitioneremployer. Accordingly, the Petitioner has already made payments towards lumpsum compensation to the 12 workmen in the following manner :

SR.NO. EMP.NO.

WORKMEN NAME CHEQUE NO.

CH. DATE CH. AMOUNT 60616 Musharrf Ali Asharaf Ali Jafri 000379 02/03/2025 7,00,000.00 60760 Sudam Raghappa Ghogare 000380 02/03/2025 7,00,000.00 3.

60751 Bhikaji Dattatraya Parte 000381 02/03/2025 7,00,000.00 4.

60653 Dinesh Dada Ghadage 000382 02/03/2025 7,00,000.00 5.

60649 Ramesh Gulabrao Zende 000383 02/03/2025 9,00,000.00 6.

60512 Raju Uttamrao Durpade 000384 15/03/2025 9,00,000.00 7.

60400 Raju Mahadev Shinde 000385 15/03/2025 10,00,000.00 8.

50144 Ramesh Radhakrushna Bhalerao 000386 15/03/2025 9,00,000.00 9.

60256 Amol Bhagawan Jawale 000387 15/03/2025 10,00,000.00 10.

60701 Gautam Valmik More 000388 02/03/2025 5,00,000.00 11.

60769 Laxman Nivrutti Khaire 000389 02/03/2025 5,00,000.00 12.

60713 Mahesh Dashrath Phadtare 000390 02/03/2025 5,00,000.00 2 of

4) Mr. Tiwari, would confirm receipt of the above amounts of compensation by Respondent Nos.2 to 13. In view of amicable settlement of dispute between the parties on account of payment of lumpsum compensation as detailed above, the impugned Award dated 16 October 2024 will have to be modified. Accordingly, the Award dated 16 October 2024 shall stand modified to the extent that Respondent Nos.2 to 13 (who are named in para-30 of the Award dated 16 October 2024) shall be entitled to lumpsum compensation of amounts indicated in the chart towards full and final settlement of all their claims qua the Petitioner-employer. Beyond the lumpsum compensation amounts paid as directed above, Respondent Nos.2 to 13 shall not be entitled to any other service related benefit against the Petitioner. The petition is accordingly disposed of. Digitally signed by PRIYA RAJESH SOPARKAR Date:

2025.03.10 11:12:39 +0530 PRIYA RAJESH SOPARKAR [SANDEEP V. MARNE, J.] 3 of