IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15282 of 2025 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/- ========================================================== Approved for Reporting Yes No No ========================================================== JEWEL CONSUMER PVT. LTD. (SIC. JEWEL CONSUMER CARE PVT. LTD.) Versus NARENDRASINH RAMSINH PARMAR ========================================================== Appearance: MR.VARUN K.PATEL(3802) for the Petitioner(s) No. 1 MR DARSHIT D THAKKAR(12434) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 24/02/2026 JUDGMENT 1. Present petition is led by the petitioner under Articles 226 and 227 of the Constitution of India r/w the provisions of Industrial Disputes Act, 1947 challenging the impugned award dated 31.1.2025 passed by Labour Court, Vadodara in Reference (LCV) No.109 of 2017 whereby the Labour Court partly allowed the reference and granted reinstatement with continuity of service with 25% backwages. Being aggrieved and dissatis ed with the impugned award, the petitioner has preferred present petition. 2. Today, Mr. Patel, learned advocate for the petitioner p. 2 tenders a copy of the settlement agreement dated_ 13.2.2026 arrived at between the parties, which is taken on record. 3. It appears that during the pendency of the petition, an amicable settlement has been arrived at between the parties. The parties have settled the dispute outside the Court and have a5ixed their signatures to the settlement agreement, which is in the vernacular language. The terms and conditions stipulated in the said settlement agreement shall form part and parcel of this order and are hereby reproduced as under:- -:: Memorandum of Settlement ::- Memorandum of Settlement under Section-2(p) of the Industrial Disputes Act, 1947 First Party:- Jewel Consumer Care Private Limited Plot No. 209-214, Luna Village, Taluka Padra, District Vadodara. Second Party: Shri Narendrasinh Ramsinh Parmar c/o Jyoti Karmachari Mandal, Vadodara The following Memorandum of Settlement is entered into between both the aforementioned parties subject to the following conditions regarding the award passed by the Labour Court, Vadodara in Reference Case No. 109/2017 under Section 2(p) of the Industrial Disputes Act. Both parties signing this agreement accept that they shall be bound by the implementation of the terms of this agreement. The Second Party of this case had 6led Reference Case No. 109/2017 against the First Party institution regarding reinstatement in service along with back wages for the days of unemployment; the award for p. 3 the said case was delivered by the Honorable Labour Court, Vadodara on 31/01/2025. The said award has been challenged by the First Party in the Honorable High Court of Gujarat vide R/SCA/15282/2025, for which a separate settlement has been presented before the Honorable Court for an 'Award in terms of Settlement' and has been disposed of accordingly. In connection with the order of the said Reference Case No. 109/2017, discussions, deliberations, and negotiations for a settlement took place between the Second Party and the First Party company, resulting in a full and 6nal settlement. According to the said settlement, it is decided to pay a total amount of Rs. 4,11,000=00 (Rupees Four Lakh Eleven Thousand only) to the Second Party by the First Party as payment for waiving the right to back wages and reinstatement in service, and including all other dues and the amount under the passed order, etc., which is being paid as per the following details: 1.Rs. 3,70,000=00 Cheque No. 002217 dated 03/02/2026 2.Rs. 41,000=00 Cheque No. 002220 dated 03/02/2026 (Union Levy) Rs. 4,11,000=00 Total Amount (Jyoti Karmachari Mandal) The cheques are drawn on HDFC Bank, Manjalpur, Vadodara. After accepting the amount under this Memorandum of Settlement, the Second Party shall have nothing further to receive regarding the award / order passed in Reference Case No. 109/2017 against the First Party institution, and no demands or dues of the Second Party remain pending against the First Party institution, nor does the right to reinstatement in service remain, and no dispute remains; and even if any dispute remained, they are accepted as having been set oB and paid within the amount paid towards this settlement. Upon receipt of the aforementioned amount from the First Party towards full and 6nal settlement, no other p. 4 amount or dues remain for the Second Party, and if any were remaining, they are to be considered as included in the aforementioned amount. For this reason and under these circumstances, the Second Party declares that the amount of the award passed in Reference Case No. 109/2017 is also included in the amount of this settlement, and the Second Party admits through this Memorandum of Settlement that a full and 6nal settlement has been arrived atv in respect of the award in Reference Case No. 109/2017, wherein the Second Party - the workman accepts the waiver of the right to reinstatement in service. The above amount has been received towards the amount claimed by the Second Party in Recovery Application No. 240/2025 and/or towards the entire such amount. That is to say, the Respondent has paid the above amount to the Applicant as a settlement has been arrived at with the clear understanding that no implementation of the said award remains pending for the Respondent. The Applicant shall not have to 6le any case or proceedings against the Respondent regarding their termination and/or regarding service and/or regarding entitlements of rights during service and/or regarding back wages, and if any case is 6led or proceeding is initiated, it shall be considered null and void by virtue of this Memorandum of Settlement. The Second Party to this Memorandum of Settlement further declares and accepts that all amounts claimed under the recovery application shall remain (to have claimed) towards the full and 6nal settlement against the order of Reference Case No. 109/2017. The Second Party accepts through this Memorandum of Settlement that the First Party has challenged the said Reference Case before the Honorable High Court of Gujarat vide R/SCA/15282/2025; and that both parties accept that by producing this Memorandum of Settlement before the Honorable High Court of Gujarat and the Memorandum of Settlement arrived at in the pending recovery case before the Honorable Labour Court, Vadodara, a request shall be made to the p. 5 Honorable High Court of Gujarat to obtain an order for an 'Award in terms of settlement'. The Second Party accepts through this Memorandum of Settlement and declares as withdrawn any disputes raised against the First Party before the Labour Court and Industrial Court, Vadodara, Government Labour OBicer, and Assistant Labour Commissioner, and Deputy Labour Commissioner, or any other Government or Semi-Government oBice or Court in India. Furthermore, the Second Party workman gives an assurance not to raise any dispute before any Court, Government Labour OBicer, or any other Government oBicer in the future. Upon receiving the above amount from the First Party as full and 6nal settlement, no other amount or dues remain pending for the Second Party, and if any were remaining, they shall be considered included in the aforementioned amount. This agreement has been made by all parties with their full wisdom and intellect, in a sober state, without any kind of pressure, and with full consciousness of their responsibility, which is admitted and approved by both parties. 4. In view of the above, the impugned award dated 31.1.2025 passed by Labour Court, Vadodara in Reference (LCV) No.109 of 2017 is hereby modi ed to the extent of the terms and conditions stipulated in the agreement settlement. The petition is hereby partly allowed. Sd/- (HEMANT M. PRACHCHHAK,J) SURESH SOLANKI