Skip to content


Prakash Chand Lodha Vs. Judge,labour Court,bhilwara and anr - Court Judgment

LegalCrystal Citation
CourtRajasthan Jodhpur High Court
Decided On
AppellantPrakash Chand Lodha
RespondentJudge,labour Court,bhilwara and anr
Excerpt:
d.b.civil special appeal (writ) no.75/2007. prakash chand lodha versus judge, labour court, bhilwara & anr. (alongwith one connected matter) // 1 // 28 d.b.civil special appeal (writ) no.75/2007. prakash chand lodha versus judge, labour court, bhilwara & anr.29 d.b.civil special appeal (writ) no.5/2006. m/s udaipur mineral development syndicate pvt.ltd.versus judge, labour court, bhilwara & anr.date of order :: 7th july 2014. hon'ble mr.justice dinesh maheshwari hon'ble mr.justice banwari lal sharma mr.anirudh purohit for mr.v.k.mathur, for the appellant-workman. mr.kapil joshi for mr.rajesh joshi, for the respondent-company. by the court: these two intra-court appeals, arising out of the same order dated 22.07.2004, as passed in s.b.civil writ petition no.786/1997, have been considered.....
Judgment:

D.B.CIVIL SPECIAL APPEAL (WRIT) No.75/2007.

Prakash Chand Lodha versus Judge, Labour Court, Bhilwara & Anr.

(Alongwith one connected matter) // 1 // 28 D.B.CIVIL SPECIAL APPEAL (WRIT) No.75/2007.

Prakash Chand Lodha versus Judge, Labour Court, Bhilwara & Anr.29 D.B.CIVIL SPECIAL APPEAL (WRIT) No.5/2006.

M/s Udaipur Mineral Development Syndicate PVT.LTD.versus Judge, Labour Court, Bhilwara & Anr.Date of Order :: 7th July 2014.

HON'BLE Mr.JUSTICE DINESH MAHESHWARI HON'BLE Mr.JUSTICE BANWARI LAL SHARMA Mr.Anirudh Purohit for Mr.V.K.Mathur, for the appellant-workman.

Mr.Kapil Joshi for Mr.Rajesh Joshi, for the respondent-Company.

<<>> BY THE COURT: These two intra-court appeals, arising out of the same order dated 22.07.2004, as passed in S.B.Civil Writ Petition No.786/1997, have been considered together; and, in view of the settlement arrived at between the parties, are taken up for disposal by this common order.

The relevant background aspects of the matter are that the writ-petitioner Shri Prakash Chand Lodha (the appellant of SAW No.75/2007 – since deceased and represented by his legal representatives) was in employment with the appellant of SAW No.6/2006 and was working as Mechanic Gr.II.

D.B.CIVIL SPECIAL APPEAL (WRIT) No.75/2007.

Prakash Chand Lodha versus Judge, Labour Court, Bhilwara & Anr.

(Alongwith one connected matter) // 2 // On 14.09.1991, the employer sought to dispensed with the services of the writ-petitioner with reference to its standing Order 14(d) on the alleged ground of declining in his efficiency.

The employee writ-petitioner raised an industrial dispute whereupon the following reference came to be made to the Labour Court, Bhilwara:- “Whether the termination of the services of workman Shri Prakash Chandra Lodha by the management of M/S.Udaipur Mineral Development Syndicate PVT.Limited, Bhilwara is reasonable and valid and, if not, what relief the workman is entitled?.”.

The Labour Court, after adjudication, proceeded to answer the reference against the writ-petitioner while holding that the certified standing orders were not invalid and that the order dated 14.09.1991 was in accordance with the Standing Order 14(d) justifying termination of his services.

In challenge to the order so made by the Labour Court, the employee preferred the writ petition (CWP No.786/1997) that was considered and allowed by the learned Single Judge by the impugned order dated 22.07.2004.

The learned Single Judge found the action of the employer not in conformity with the Standing Orders and not sustainable.

While concluding on the writ petition, the learned Single Judge noticed the fact that during pendency of the litigation, the writ-petitioner had D.B.CIVIL SPECIAL APPEAL (WRIT) No.75/2007.

Prakash Chand Lodha versus Judge, Labour Court, Bhilwara & Anr.

(Alongwith one connected matter) // 3 // attained the age of superannuation and hence, found that the relief of reinstatement could not be granted but ordered that he would be entitled to emoluments as if he had continued in the services; and that his retiral benefits should be re-computed and necessary payments be made within four months with interest @ 8% per annum from the date of making of reference.

The writ-petitioner has filed the appeal (SAW No.75/2007) seeking modification of the order dated 22.07.2004 with the submissions that the age of superannuation ought to be taken at 58 years and retiral benefits ought to be granted on that basis.

The employer has filed the other appeal (SAW No.5/2006) on the submissions that there was no justification in the learned Single Judge interfering with the award made by the Labour Court.

As noticed, during the pendency of these appeals, the employee writ-petitioner has expired and has been substituted in this litigation by his legal representatives – wife Smt.

Pushpa Devi and the son Devendra Lodha.

Looking to the facts and circumstances of the case, a Co-ordinate Bench by the order dated 09.05.2014 referred this matter to Mediation.

The Mediator has sent his report on mediation, as had taken place on 30.05.2014.

In the report, the Mediator has pointed out that the parties have mutually agreed to settle the dispute; and in that regard, the employer has agreed to make payment in the lump-sum amount of Rs.D.B.CIVIL SPECIAL APPEAL (WRIT) No.75/2007.

Prakash Chand Lodha versus Judge, Labour Court, Bhilwara & Anr.

(Alongwith one connected matter) // 4 // 6.70 lacs in full and final settlement which was accepted by the son of the writ-petitioner Shri Devendra Lodha.

It was also agreed that the payment would be made by way of cheque/demand draft in the name of the wife Smt.

Pushpa Devi of the employee writ-petitioner.

The terms of the agreement as recorded by the Mediator could be usefully reproduced as under:- “1) In both the appeal a request would be made to decide the appeal as per this agreement.

2) The Respondent Employer would make the payment of amount i.e Rs.6.70 lakh in the name of 'PUSHPA DEVI LODHA' either by cheque/demand draft to be paid within 1 month from today.

3) The application filed by Lt Sh.

Prakash Chand Lodha under 33(c)(2) of the I.D.Act 1947 would be treated to have withdrawn after payment of cheque/demand draft.

The application is pending before L.C.Bhilwara.

4) It is agreed that after this settlement all the dispute arising from the retirement of Lt Sh.

Prakash Chand Lodha has come to an end and his legal representative has fully & finally settled all the rights.”

.

The appellants of SAW No.75/2007 have also filed an application (No.3182/2014) and while referring to the settlement that had taken place on 30.05.2014.

It has further been stated that they have agreed to accept the demand draft No.290706 dated 15.06.2014 in the sum of Rs.6.70 lacs towards full and final settlement of all the claiMs.D.B.CIVIL SPECIAL APPEAL (WRIT) No.75/2007.

Prakash Chand Lodha versus Judge, Labour Court, Bhilwara & Anr.

(Alongwith one connected matter) // 5 // From the settlement, as recorded by the Mediator, and further, on the submissions as made by the appellants of SAW No.75/2007, we are satisfied that the matter has been amicably settled between the parties and, in fact, the terms of the settlement as regards payment have been carried out.

Obviously, in terms of the settlement, the proceedings in any other matter concerning the service of the writ-petitioner including the proceedings under Section 33(C)(2) of the Act of 1947 are required to be closed.

Accordingly and in view of the above, these appeals stand disposed of in terms of the above-quoted agreement of the parties and further with the observations foregoing.

The application (No.3182/2014) also stands disposed of accordingly.

(BANWARI LAL SHARMA),J.

(DINESH MAHESHWARI),J.

Mohan/ D.B.CIVIL SPECIAL APPEAL (WRIT) No.75/2007.

Prakash Chand Lodha versus Judge, Labour Court, Bhilwara & Anr.

(Alongwith one connected matter) // 6 // 29 D.B.CIVIL SPECIAL APPEAL (WRIT) No.5/2006.

M/s Udaipur Mineral Development Syndicate PVT.LTD.versus Judge, Labour Court, Bhilwara & Anr.Date of Order :: 7th July 2014.

HON'BLE Mr.JUSTICE DINESH MAHESHWARI HON'BLE Mr.JUSTICE BANWARI LAL SHARMA Mr.Anirudh Purohit for Mr.V.K.Mathur, for the appellant-workman.

Mr.Kapil Joshi for Mr.Rajesh Joshi, for the respondent-Company.

<<>> This appeal stands disposed of in terms of the settlement [Vide common order made in SAW No.75/2007 : Prakash Chand Lodha versus Judge, Labourt Court, Bhilwara & Anr.].(BANWARI LAL SHARMA),J.

(DINESH MAHESHWARI),J.

Mohan/


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //