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Judgment
This matter is taken up through hybrid mode.
Heard Mr.S.B.Mohanty, learned counsel appearing for the petitioner.
By means of this writ petition, the petitioner has urged this Court to set aside the Labour Court award dated 29.09.2016 delivered in I.D. case No.68 of 2015, Annexure-2 to this writ petition.
It may be noted by the said award dated 29.09.2016 that the Labour Court at Bhubaneswar while dismissing the claim has observed that even though the opposite party No.2-Management is covered by the definition of ‘industry’, but the writ petitioner (the worker) is not entitled to any compensation as the contractual tenure was over on and from 01.10.2014.
By the order dated 17.04.2023, we asked the opposite party No.2, the Chief Executive of M/s. Voluntary Health Association of India, New Delhi to make their position clear whether they are inclined to pay the amount as agreed during the conciliation to the petitioner.
Mr.S.Dash, learned counsel appearing for the opposite party No.2 has submitted that such affidavit has been filed on 05.05.2023 where the opposite party No.2 has clearly stated that they are ready to pay the amount suggested by the Conciliation Officer, i.e., Rs.2,49,555/-. For this purpose, we reproduce the paragraph-2 from the said affidavit.
“In compliance to the order of the Hon’ble Court dated 17.4.2023 where the Hon’ble Court wants to know whether or not, the management is still ready to pay the said amount, I am to submit that the opposite party No.1 is ready to pay the said amount of Rs.2,49,555/- to the petitioner which will constitute full and final settlement of all past, present and future claims, demands, disputes of whatsoever nature that existed or may exist between the parties and upon withdrawal of all the litigations filed by the petitioner before various forum including Labour & E.P.F. authorities.”
Mr. S.B.Mohanty, learned counsel appearing for the petitioner has immediately undertaken that the petitioner will withdraw the litigations, if pending against the opposite party No.2. On such condition, we direct the opposite party No.2 to pay a total sum of Rs.3,00,000/- instead of Rs.2,49,555/- to make good of the value that eroded for delayed payment. No further interest shall be chargeable. Such amount shall be paid within a period of six weeks from today, without fail.
In terms of the above, this writ petition stands disposed of.
A copy of this order be furnished to Mr.Dash, learned counsel appearing for the opposite party No.2, free of cost.
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