M/S THE GENERAL TALKIES LTD. THRU. M.D. AND ANR. v. LABOUR COURT SAHARANPUR AND ANR.
WRIC/68936/2014 · 2025-05-25
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53605 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53605 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89391 Court No. - 33 Case :- WRIT - C No. - 68936 of 2014 Petitioner :- M/S The General Talkies Ltd. Thru. M.D. And Anr. Respondent :- Labour Court Saharanpur And Anr. Counsel for Petitioner :- Narendra Kumar Pandey,Pusp Raj Singh Counsel for Respondent :- Nigamendra Shukla With Case :- WRIT - C No. - 13615 of 2015 Petitioner :- Sunil Kumar Tyagi Respondent :- Presiding Officer Labour Court U.P. Saharanpur And 2 Ors. Counsel for Petitioner :- Nigamendra Shukla Counsel for Respondent :- Ajay Bhanot,C.S.C.,Narendra Kumar Pandey,Pusp Raj Singh Hon'ble Prakash Padia,J. Ref:-Civil Misc. Application No. 21 of 2025
1. Both the writ petitions i.e., Writ C No.68936 of 2014 filed by the Employer and Writ C No.13615 of 2015 filed by the Workmen has been filed challenging the award dated 23.03.2014 passed by the Presiding Officer, Labour Court, Saharanpur U.P. on different grounds. 2. The petitioners have preferred the present application with the prayer to decide the present writ petition as well as connected Writ C No.13615 of 2015 in terms of the settlement deed dated 05.05.2025 arrived between the petitioner No.1/M/s The General Talkies Ltd. Thru. Managing Director and the respondent No.2/Sunil Kumar Tyagi/Workman. The aforesaid application has been supported by affidavit by Ms.Barkha Kumar Director of M/s The General Talkies Ltd.It is stated in paragraph 2 of the affidavit
that the dispute related in both the writ petitions are arising out of Industrial Dispute Case No. 53/2004, in which an Award dated 23.03.2014 had been passed by the Presiding Office, Labour Court, Saharanpur. It is stated in paragrpah No.4 of the affidavit that with the intervention of well-wishers and advise from counsel, both parties have attempted to explore the possibilities of 'Out of Court Settlement" and have decided to settle the dispute amicably by means of settlement/compromise dated 05.05.2025 between the petitioner/M/s The General Talkies Ltd. Thru. Managing Director/Employer and respondent no. 2/Sunil Kumar Tyagi/Workman and to bring the litigation(s) to an end, on the terms and condition set out in the Settlement Agreement dated
05.05.2025. The original copy of the Settlement Agreement is appended as Annexure No.1 to the affidavit. 3.
It is stated in the aforesaid Settlement Agreement that the petitioners-employers shall pay a sum of Rs.9,50,000/- (Rupees Nine Lac Fifty Thousand) to the respondent No.2/Sunil Kumar Tyagi/Workman as per full and final settlement of all claims, dues and entitlments of the Workman arising out of or in connection with his employment and/or termination thereof. The amount as per Settlement dated 05.05.2025, i.e., Rs.9,50,000/- shall be paid by way of Demand Draft issued by the HDFC Bank. Original Demand Draft has been placed before the Court by Sri N.K. Pandey, learned counsel for the petitioner/employer and the same is handed over to the Sri Nigmendra Shukla, learned counsel for respondent no. 2/Sunil Kumar Tyagi/Workman. Since workmen is present before the Court which is duly verified by his counsel namely Sri Nigmendra Shukla, Advocate. The aforeaid Bank Draft has been handed over to the respondent no. 2/Sunil Kumar Tyagi/Workman in the Court. 4. When a query has been raised by the Court from respondent no. 2/Sunil Kumar Tyagi/Workman, he stated that he has made the aforesaid compromise with free will, voluntarily and without any coercion. The aforesaid statement made by respondent no. 2/Sunil Kumar Tyagi/Workman is taken on record. 5. In this view of the matter, the Application No.21 of 2025 is hereby allowed. 6. Office is directed to return the Original Copy of the Settlement Agreement dated 05.05.2025 to the counsel for the petitioner after retaining the photocopy of the same on record. Ref:- Writ Petition
1. Since the settlement application No.21 of 2025 is allowed, both the writ petitions are disposed of in terms of the settlement dated 05.05.2025 entered between the petitioner/M/s The General Talkies Ltd. Thru. Managing Director/Employer and respondent no. 2/Sunil Kumar Tyagi/Workman
2. It is made clear that none of the parties will initiate any fresh proceedings regarding the award dated 23.03.2014 passed by the Presiding Officer, Labour Court, Saharanpur U.P. in Adjudication Case No.53 of 2004. Order Date :- 26.5.2025 saqlain Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad