Anup Engineering Limited vs Shrinarayan Kanaiyalal and Others

Bhagwati Prasad, J.—Heard the learned Counsel for the parties.

In these two appeals, mutual understanding is happened in between the parties and a draft order has been handed over to us, which is to the effect that five workmen, i.e. respondent Nos. 1 to 5 in Letters Patent Appeal No. 761 of 1999 (Appellant Nos. 1 to 5 in L.P.A. No. 860 of 1999), namely (1) Shrinarayan Kanaiyalal, (2) Lalji Khimji, (3) Harilal Tufani, (4) P.D. Pandya and (5) C.P. Malukani, will be given a sum of Rs.5 lakhs for full and final settlement of their claims against the Company. Cheques in this regard are handed over to the learned Counsel for the workmen in the Court before us. Hence, the claim of the aforesaid five respondent workmen stands settled with payment of Rs. 5 lakhs. This settles all claims against the Company.

As regards other workmen, i.e. respondent Nos. 6 to 15 in L.P.A. No. 761 of 1999 (Appellant Nos. 6 to 15 in L.P.A. No. 860 of 1999), the appeal of the Company is not entertained as agreed by the Company itself and the award of the Labour Court and the order of the learned Single Judge are maintained as per the consent terms put before us.

In the result, both the appeals, i.e. Letters Patent Appeal No. 761 of 1999 and Letters Patent Appeal No. 860 of 1999, are disposed of. Respondent Nos. 1 to 5 (Appellant Nos. 1 to 5) have settled their claim, as aforesaid. As regards the rights of respondent Nos. 6 to 15 (Appellant Nos. 6 to 15), they will get whatever has been ordered by the Labour Court and the learned Single Judge of this Court.

Draft order with signatures of four workmen, one representative and the learned Counsel for the workmen is placed on record.

Order in Civil Applications:

In view of the disposal of the Appeals, no orders are required to be passed on the Civil Application and the same are disposed of accordingly.

Order in Misc. Civil Application:

Present contempt petition is not entertained because the rights of five workmen stand settled and as regards the other workmen, there is a dispute in between the parties for their respective claims.

In the above view of the matter, the contempt petition is not entertained and is dismissed. The parties are left to pursue their remedies in the rightful forums.