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2022 DIGILAW 37 (JHR)

Employers in relation to the Management of Tata Steel Limited v. Their Workmen Sri. Gobardhan Manjhi

2022-01-06

RAVI RANJAN, SUJIT NARAYAN PRASAD

body2022
ORDER : 1. Matter has been heard through video conferencing and there is no complaint whatsoever regarding audio and/or video quality. 2. The instant appeal, under Clause 10 of the Letters patent, is preferred against the order/judgment dated 20.08.2018 passed in W.P.(L) No.3307 of 2012, whereby and whereunder the writ petition has been disposed of with direction to the petitioner-management to reinstate the respondent-workmen with liberty to initiate fresh proceeding after providing sufficient opportunities of being heard. So far as the Award of the learned CGIT relating to grant of back wages to the respondent-workmen is concerned, the same was ordered to be kept in abeyance, which would be subject to the outcome of the proceeding to be held against the respondent-workmen who is at liberty to take plea of awarding lesser punishment considering the nature of the charges levelled against him. The impugned Award dated 05.03.2012 passed in Reference Case no.57 of 2005 in W.P.(L) No.3307 of 2012 was modified to the aforesaid extent. 3. Learned counsel for the parties have informed at Bar that the issue of dispute was sent for mediation before the Jharkhand Legal Services Authority after being referred by this Court vide order dated 06.04.2021 passed in the instant intra-court appeal. In pursuant thereto, a mediation report dated 29.07.2021 has been furnished which is available on record. Therefore, submission has been made that since the matter has been settled, therefore, the instant intra-court appeal may be disposed of in terms of the settlement. 4. This Court has perused the mediation report of Jharkhand Legal Services Authority dated 29.07.2021 wherein the matter has been settled on the basis of the terms of settlement which reads hereunder as : “Terms of Settlement : 1. That both the parties agreed to settle their dispute for full and final settlement on consideration of lumpsum amount i.e. onetime payment settlement of Rs.12 lakhs. This amount is inclusive of all his past and future dues relating to remaining service. 2. Sri Gobardhan Majhi agrees that he will not have any demand or claim arising out of his employment in future nor shall have claim of any consequential benefits on the agreed amount. 3. That both the parties have agreed to file a joint compromise petition before the Hon’ble Jharkhand High Court. 4. 2. Sri Gobardhan Majhi agrees that he will not have any demand or claim arising out of his employment in future nor shall have claim of any consequential benefits on the agreed amount. 3. That both the parties have agreed to file a joint compromise petition before the Hon’ble Jharkhand High Court. 4. That Appellant, Employers in relation to the Management of TATA Steel Ltd agreed to pay to the Respondent, Shri Gobardhan Manjhi the agreed amount of Rs.12 lakhs (Rupees Twelve lacs) by 31st July 2021.” 5. Therefore, is of the view that since the dispute has been settled outside the Court as has been agreed by the learned counsel for the parties to this proceeding, therefore, the instant appeal is disposed of in terms of the said settlement. 6. Accordingly, the instant appeal stands disposed of.