Wheels India Ltd Vs. Shanker Lal & Anr  Insc 820 (17 November 2006)
Ar. Lakshmanan & Altamas Kabir
SLP(C) No. 15838 of 2005) WITH
CIVIL APPEAL NO. 5096 OF 2006 (@ SLP(C) No. 15848 of 2005) Dr. AR. Lakshmanan,
appellant in these appeals are M/s. Wheels India Ltd. and the respondents,
namely, Shanker Lal and Om Prakash are employees of the appellant. Notice was
ordered in these matters on 16.8.2005. During the pendency of the proceedings
in this Court, both the respondents-workmen in these appeals have amicably
settled the disputes with the Management. The settlement and the receipts
issued by the respective workmen were placed before the Assistant Labour
Commissioner, District Panchayat Premises, Court Road, Moradabad. The various issues and the terms
arrived at the settlement are as under:
of the Dispute Due to the failure of Conciliation between M/s Whels India Ltd.
Tada Badali, Rampur and Workman Shri Om Prakash S/o Shri
Ghasiram, before the Conciliation Officer regarding the dispute of termination
of the services vide letter dated on 22.2.2001, the dispute was referred to Labour Court, Rampur for its adjudication. The Court decided the case vide Case
No.101/2001 dated 13th
May, 2002 and passed
an award which was published on 20.9.2002. It was held in the Award that the
termination of services dated 22.2.2001 is against the law and held that the
employee should be reinstated on his post and wages from the date of joining
should be given.
employer has filed a writ petition challenging the award in the Hon'ble Court, which was dismissed by the Hon'ble Court. Thereafter in order to maintain
industrial peace, both the parties held talks on various issues and arrived at
a settlement on the following terms:
workman informed the Labour
Court that at the
time of termination he was getting Rs.4100/- PM as wages that he was in the
service of the management from 1.10.1986.
workman due to some personal reasons did not want to continue his job in the
office and the same was informed to the management and the management has no
objection to this.
Keeping in view the regular service of the workman, the management is agreeable
to pay him gratuity and as per the terms of the award, the total amount of
earned wages, and earned leave due from the dt. of publication of award.
the Management is paying to the workman vide cheque No.0209181 dt.6.9.05, cheque
No.0209182 dt.6.9.05 and cheque No.0209183 dt.6.9.05 a total amount of Rs.4,95,000/-(Rupees
Four Lakh Ninety Five thousand only) which is inclusive of Gratuity, earned
leave and wages from the date of publication of the Award till this day
on the said paid amount approx. 1,44,000/- (one lakh forty four thousand only)
of income tax is payable as per rules and employer is ready to deposit the said
income tax amount on his own and the employer shall issue a certificate in favour
of the workman in relation to income tax on payment of income tax.
after the said payment, the relationship of employer and employee between the
parties shall cease and that no other dues of the management, towards the
workman area payable.
in accordance to this settlement all the disputes between the pareties have
been fully and finally settled and that no other dispute remains between the
all the parties are ready to sign on the settlement paper under the U.P.I.D.
Act before the conciliation Officer so that it is applicable on both the sides
according to law.
the management shall not press the SLP filed by them in the Hon'ble Supreme
Sd/- Om Prakash Sd/ Rakesh Upadhyaya S/o Ghasiram Manager Personal
& AD R/o Balmiki Colony, M/s Wheels India Ltd. Civil Lines, Rampur, Dist.Rampur
Workman Witness of the Settlement 1 Dr.Jafer Ali S/o Sh.Mohd.Jan R/o Mohd Kazi Pura
Tada Badali Dist.Rampur 2 Shri Mohd.Ashlam S/o Shri Ahamad Khan R/o Tadu Ka Mazara
PO Danpura Dist.Rampur 3 Shri Mohd.Farook & Advocate Chamber No.374
District Court District Moradabad Certified that both the parties have signed
the above said settlement before me today dated 6.9.2005.
B.K.SINGH Asstt.Labour Commissioner Moradabad Area, Moradabad Even though show cause notice was
sent to the workmen in both the matters, they have not entered appearance
either in person or through their counsel. Now as the settlement has already
been reached between the parties and that the workmen have received all the
amounts by Cheques, we are of the opinion that there is no need to keep the
matter pending on the file any further.
therefore, while recording the settlement arrived at between the parties,
dispose of the above appeals in terms of and as per settlement. Both the
settlements will form part of the judgment and decree. No costs.