Management of Asomiya Khabar, Frontier Publication Private Ltd. , Rep. By Biswajit Das, S/o. Lt Madan Das v. State of Assam, Rep By The Commissioner And Secretary Labour Welfare Deptt.
2025-12-17
DEVASHIS BARUAH
body2025
DigiLaw.ai
JUDGMENT : DEVASHIS BARUAH, J. Heard Mr. G. Khandelia the learned counsel appearing on behalf of the petitioner. Mr. G. Bokalial, the learned counsel appears on behalf of the respondent No.1 and Mr. S. Borthakur, the learned counsel appears on behalf of respondent No.2. 2. The petitioner herein has assailed the award dated 23.10.2024 passed by the learned Industrial Tribunal, Assam in Reference Case No.07/2022, whereby directions were issued upon the petitioner to continue the services of the workmen w.e.f. 02.01.2021 by giving equal pay and allowances as admissible under the Majithia Wages Board Judgment. 3. This Court took up the matter for hearing on 02.12.2025 and during the course of the hearing, this Court enquired as to whether there is a possibility of an amicable settlement of the dispute between the petitioner and respondent No.2. In consequence to that, the learned counsels appearing on behalf of the parties submitted on 04.12.2025 that some sort of negotiated settlement has been arrived at between the parties and they would like to file a joint affidavit. In pursuance thereto, a joint affidavit was filed by the petitioner and the respondent No.2 on 17.12.2025. In the said joint affidavit, the understanding so arrived at by and between the petitioner and the respondent No.2 have been duly noted in paragraph Nos.5 & 6. It is also seen that at paragraph No.7 details have been given as regards the bank accounts of the eight members of the respondent No.2 Union. 4. Taking into account the above, this Court finds it relevant to reproduce paragraph Nos.4, 5 & 6 of the said joint affidavit which is as under:- “4. That now the Petitioner have settled all the dispute relating to reinstatement of service, payment of gratuity, arrears, service benefits and all other claims whatsoever of the above said 8 employees arising out of the instant writ petition a settlement being arrived, the 8 employees have confirmed the terms of settlement by executing a joint Declaration. That in view of the terms of the settlement by executing a Declaration, the Petitioner and the Respondent Union have mutually settled all disputes arising out of the instant writ petition. That now both the Petitioner and the Respondent Union prays before this Hon'ble court to dispose off the instant writ petition in terms of the said settlement incorporated in the Declaration executed by the 8 employees.
That now both the Petitioner and the Respondent Union prays before this Hon'ble court to dispose off the instant writ petition in terms of the said settlement incorporated in the Declaration executed by the 8 employees. A copy of the Declaration cum Affidavit executed by the 8 employees is hereby marked as Annexure - 1. 5. That in terms of the settlement the petitioner have agreed to pay a total amount of Rs 24,00,000/- (Rs Twenty Four Lakh only) towards full and final settlement of gratuity, arrears, all other service-related dues to the 8 employees. That out of above said total amount of Rs 24,00,000/- (Rupees Twenty Four Lakh only) the Petitioner have agreed to pay an amount of Rs.3,00,000/- (Rupees Three Lakhs Only) to each of the 8 employees towards full and final settlement of gratuity, arrears, that no one would claim reinstatement and all service-related dues. 6. That the Petitioner agreed to pay an amount of Rs 12,00,000/- (Rupees Twelve Lakh only) before the 31st January, 2026 to the above said employees and the remaining amount of Rs 12,00,000/- (Rupees Twelve Lakh only) the Petitioner agreed to pay before 10th April, 2026 i.e. before Bihu vacation.” 5. The above understanding between the petitioner and the respondent No.2 is a compromise arrived at by and between the petitioner and the respondent No.2. The said compromise, in the opinion of this Court is out of the free will of the parties hereto and without any coercion. 6. The contents of paragraph Nos.4, 5 & 6 as quoted above shall be therefore binding upon both the petitioner and the members of the respondent No.2. 7. Taking into account the above, the instant writ petition therefore stands disposed of in terms with the compromise reached as recorded at paragraph Nos.4, 5 & 6 of the joint affidavit. 8. The joint affidavit shall be a part of the instant order. 9. The petitioner shall file affidavit of compliance before this Court on or before 08.05.2026. 10. It is observed that if the affidavit of compliance is not filed, the Registry is directed to list the matter again before this Court.