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Judgment
Alok Kumar Verma, J
This Appeal has been filed by the Employer Nagar Nigam, Haldwani under Section 30 of the Employee’s Compensation Act, 1923 against the Award dated 30.09.2013, passed by the learned Commissioner for Employee’s Compensation and Presiding Officer, Labour Court, Haldwani, District Nainital in ECA Case No.199 of 2012, by which, the learned Commissioner has awarded a total sum of Rs.9,85,143/- (Rupees Nine Lakhs Eighty five thousand One hundred Forty Three) as compensation amount including interest in favour of the legal heirs of the deceased employee.
Heard Mr. Ashish Joshi, learned counsel for the appellant and Mr. Rajesh S. Nagarkoti, learned counsel for the respondent no.2.
According to the learned counsel for the parties, the appellant and the respondent no.2 have entered into an agreement on 22.08.2022 (Annexure SA-1), wherein it has been settled between the parties that in compliance to the said Award dated 30.09.2013, an amount of Rs.9,85,143/- is agreed to be paid to the respondent no.2, and, both the parties to the present agreement will withdraw all cases pending against each other. According to the learned counsel for the parties, the said awarded amount has been deposited before the Commissioner concerned and now no other dispute is pending between the parties. Therefore, the learned counsel for the parties requested to decide the present appeal in terms of the said agreement dated 22.08.2022 (Annexure SA-1).
The learned counsel for the parties submitted that the supplementary affidavit of Mr. Pankaj Upadhyay, Municipal Commissioner, Nagar Nigam, Haldwani has been filed along with the said agreement.
The learned counsel for both the parties further submitted that the parties have filed the said agreement with their free will and without any pressure.
Having heard the learned counsel for the parties, the present Appeal (AO No.514 of 2019) is being decided in terms of the said agreement dated 22.08.2022 (Annexure SA 1). The said agreement dated 22.08.2022 will be part of this order.