Management of The Asiatic Oxygen And Acetylene Company Limited, rep. By Its Director v. Sanjay Ghosh, S/o. Jamini Ghosh
2025-12-18
DEVASHIS BARUAH
body2025
DigiLaw.ai
JUDGMENT : DEVASHIS BARUAH, J. Heard Mr. K. Kalita, the learned counsel appearing on behalf of the Petitioner and Mr. S. Banik, the learned counsel appearing on behalf of the Respondent No.1. 2. The instant writ petition has been filed challenging the award dated 03.03.2015 passed in Reference Case No.09/2001 by the learned Labour Court of Assam at Dibrugarh. 3. When the instant writ petition was taken up on 11.12.2025, this Court enquired as to whether the matter can be amicably resolved taking into that the proceedings have been pending since 2001 and the Petitioner has no longer any Office in the State of Assam. Accordingly, this matter was fixed on 12.12.2025. On the said date, the learned counsels for both the parties apprised this Court that an amicable resolution of the dispute has been arrived at and as such would like to file a joint affidavit in the instant proceedings. In terms with the said submission, a joint affidavit was filed on behalf of the Petitioner as well as the Respondent No.1. The amicable settlement so arrived at by and between the Petitioner and the Respondent No.1 is recorded in paragraph Nos. 5, 6, 7 and 8 of the joint affidavit which are reproduced herein under: “ 5 . That in terms thereof, the parties have amicably settled all disputes, and the Petitioner Company has agreed to pay, and the Respondent Workman has agreed to accept, a sum of Rs.3,00,000/- (Rupees Three Lakhs only) as one-time, full and final settlement of all claims arising out of and in connection with the employment and termination of the Respondent Workman. 6 . That the aforesaid amount of Rs.3,00,000/- shall be paid by the Petitioner Company within 30 days from the date of disposal of the Writ Petition, by way of direct bank transfer to the Respondent Workman’s Account, the details whereof are as follows: - ACCOUNT HOLDER : SRI SANJAY GHOSH - BANK : UNION BANK OF INDIA - BRANCH : TINSUKIA - ACCOUNT NO.:383202010005903 - IFSC CODE : UBIN0538329 7 .
That upon receipt of the aforesaid amount, the Respondent Workman shall be deemed to have received full satisfaction of the Award dated 03.03.2015 and shall have no further or surviving claim of any nature whatsoever against the Petitioner Company, including but not limited to claims for reinstatement, back wages, continuity of service, compensation, or any other statutory, monetary, or consequential benefits. 8 . That the Settlement has been entered into voluntarily and consciously, without any force, fraud, or undue influence, and the payment agreed to be made thereunder shall not be construed as an admission of liability by the Petitioner Company, the same being made solely for the purpose of finally resolving the dispute between the parties.” 4. This Court has also heard the learned counsels for the parties and is satisfied that the said amicable settlement is without any force, fraud or undue influence. 5. Considering the above, this Court therefore disposes of the instant proceedings in terms with the said amicable settlement with the following observations and directions: (i) The Petitioner company is directed to disburse a sum of Rs.3,00,000/- to the Respondent No.1’s Bank Account the details of which is provided in Paragraph No.6 of the joint affidavit. The same be done on or before 30.01.2026. (ii) Upon disbursing the said amount, the Petitioner is further directed to file an affidavit of compliance before this Court on or before 06.02.2026. (iii) It is further observed and directed that upon disbursing the said amount to the Respondent No.1 in his bank account, the same would constitute a full and final settlement of the claim of the Respondent No.1. (iv) It is observed that if the affidavit of compliance is not filed on or before 06.02.2026, the matter be again listed before this Court by the Registry. 6. Return the TCR.