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Judgment
Heard Shri J.N. Mathur learned Senior Advocate assisted by Shri Manish Kumar, Shri P. Chakravarty and Shri Pradeep Kumar Singh on behalf of the petitioner and Shri Ratnesh Chandra, Shri Saurabh Shankar Srivastava and Shri Sudeep Kumar, Shri Jaspreet Singh and Shri Amit Chandra on behalf of the respondents. The controversy under the present appeal was referred to the Mediation and Conciliation Center Lucknow on 21.11.2011. Parties appeared before the Mediator consisting of Mr. I.B. Singh, Senior Advocate, Shri Y.S. Lohit, Advocate and Shri Alok Mathur, Advocate. Before the Mediation Center settlement agreement has been signed by the parties on 1.6.2012. Under the agreement the management has been agreed to pay the outstanding dues of workmen and employees which is about Rs. 9,38,54,499/- (Nine crore thirty eight lac fifty four thousand four hundred ninety nine) as well as outstanding dues of other creditor is about Rs. 2,76,59,837/- (Two crore seventy six lac fifty nine thousand eight hundred thirty seven). However, the period has not been provided in the settlement agreement. Hence, with the consent of parties'' counsel, we further provided that entire amount in terms of settlement agreement shall be paid to the workmen, creditors and other employees as well as Bank within a period of one year i.e. 31.12.2013 or before.
Workmen and employees shall be entitled for payment of dues up to 31.12.2012. All the settlement agreements dated 7.1.2012, 1.2.2012, 1.6.2012, 11.6.2012, 15.6.2012, 2.7.2012, 3.7.2012, 6.7.2012, 9.7.2012, 26.7.2012, 10.9.2012, 15.10.2012 and 24.11.2012 (one time settlement) shall be the part of the present judgment.
Keeping in view the amicable settlement between the parties, the order passed by the learned Single Judge is set aside. In case, any property alienated in terms of agreement, the management shall release the money firstly in terms of settlement agreement. The worker shall possess first charge.
We appreciate the assistance given by learned Senior Counsel for the Management as well as learned counsel appeared before this Court and the mediators to resolve the present dispute amicably before the Mediation and Conciliation Center, Lucknow.
The effort made by the members of Mediation Center is appreciated. We hope and expect that the parties shall cooperate to implement the settlement agreement and not create any disturbance in the functioning of the Company/Sugar Mill.
Needless to say that settlement agreements signed by the parties shall be binding on the signatories. Management undertake to run factory in terms of settlement agreement.
By entering into amicable settlement of dispute before the Mediation and Conciliation Center the employees have saved their employment on re-engagement and management have also retain their right to run the factory without any further hurdle. Mediation and Conciliation Center Lucknow had done a magnificent job and become instrument of the revival of sugar mill which shall not only generate the employment but shall also serve public interest in due course of time. Subject to aforesaid direction and settlement, the order passed by the learned Single Judge is set aside and appeal is decided in terms of above finally.