Page No.# 1/4 GAHC010145252020 2026:GAU-AS:5308 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4428/2020 THE MANAGEMANT OF SREE SIBBARI TEA ESTATE REPRESENTED BY SRI BHARAT BHUSAN SINGH, FACTORY MANAGER, PO GALEKY PS SIVASAGAR, DIST SIVASAGAR, ASSAM 785696 VERSUS THE UNION OF INDIA REPRESENTED BY THE LABOUR DEPARTMENT, GOVERNMENT OF INDIA. 2:THE WORKMAN SRI TARKESWAR SINGH REPRESENTED BY ASSAM CHAH KARMACHARI SANGHA NAZIRA CIRCLE PO NAZIRA DIST SIVASAGAR ASSA Advocate for the Petitioner : MR SISHIR DUTTA, MR. SIDHANT DUTTA,MR S DUTTA Advocate for the Respondent : GA, ASSAM, MS. A BHATTACHARYYA,MR. P KALITA BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 08.04.2026 Heard Mr. S. Dutta, learned Senior Counsel assisted by Ms. S. Mushahary, learned counsel for the petitioner and Ms. A. Bhattacharya, learned counsel for the respondent no. 2. Page No.# 2/4 2. The learned counsel for the parties have submitted that the mediation process is successful and the parties have voluntarily agreed to settle all their disputes as per the Memorandum of Settlement signed by the parties. It is submitted by them that the Mediation Report has been forwarded by the District & Sessions Judge, Dibrugarh vide an Office Letter no. DJD/1369/2026 dated 24.03.2026 to the Registry and the same is available in the case record. 3. The Mediation Report has been forwarded by the appointed Mediator stating that the mediation is successful as per the terms and conditions entered into in the Memorandum of Settlement by the parties. 4. The relevant excerpts of the Memorandum of Settlement read as under :- Memorandum of Settlement This Memorandum of Settlement is executed on 18.03.2026 between the Management and Union/workman mentioned above. Whereas the Hon’bleGauhati High Court, Guwahati, Assam referred the proceeding of the above-mentioned writ petition for Mediation before the learned District &Sessions Judge, Dibrugarh vide order dated 08.01.2026. Smti. Jupinder Kaur was appointed by the Secretary, DLSA, Dibrugarh to act as a Mediator and assist the parties to arrive at an amicable settlement through the process of mediation. Both the parties appeared before me, I introduced myself to them as a neutral person to assist the parties and explained them that the process of mediation will be voluntary, impartial and confidential. Page No.# 3/4 During the individual and joint session held between the parties on several dates, the parties themselves voluntarily arrived and agreed to settle their matter / dispute under the following terms and conditions:- 1. That both the parties have mutually agreed to settle their matter/ dispute amicably in presence of the mediator, through the process of mediation, without any force and coercion from any corner. 2. That it is agreed and accepted between both the parties that the service period of Sri Tarkeswar Singh, workman / respondent shall be reckoned as per the date of birth mentioned in the LIC document i.e. 17.01.1958 in accordance with which he attained the age of 60 years in age on 17.01.2018 and this shall be treated as his retirement date for the purpose of calculating back wages and service benefits. 3. That it is agreed between the parties that Sri Tarkeswar Singh, workman / respondent received salary of his dismissal from service on 23.09.2016. 4. * * * * * * * 5. That the P.F. contribution of 12% for both employees and employers will be directly deposited in P.F department by challan. 6. That it is agreed between the parties that the gratuity benefit will be calculated as per the tenure of the service period of the workman. 7. That it is also agreed between the parties that the workman / respondent who is in occupation of the quarter of the Management/petitioner shall vacate the said quarter on or before 31.12.2026. An extension of time may be requested showing sufficient grounds Page No.# 4/4 which will be subject to approval of Management. 8. That the Management/ petitioner also agreed that all the outstanding dues including back wages quantified at Rs. 5,98,175.00 [rupees five lakh ninety eight thousand one hundred seventy five] only and other applicable service benefits shall be cleared within a period of one month from final order of the Hon’ble Gauhati High Court. Both the parties agreed to execute this Memorandum of Settlement as full and final settlement between them without any force, fraud, misrepresentation, pressure from any corner and after going through and understanding the contents of the same, have put their Signature on it on 18.03.2026 in the Mediation Center, Dibrugarh Court Premises. And the same shall be placed before the referral Court of Hon’ble Gauhati High Court, Guwahati, Assam for his favor of his kind perusal and necessary order in this regard. 5. In Clause 4 of the Memorandum of Settlement, the details of the back wages and all other service benefits payable to the workman for the concerned period by the Management has been worked out. As per the said clause, the total amount which is payable to the workman by the Management is Rs. 5,98,175/-. The workman has accepted the said figure. 6. As the parties have settled their disputes as per the terms and conditions included in the Memorandum of Settlement and the mediation process is successful, the writ petition stands disposed of accordingly. The terms and conditions in the Memorandum of Settlement shall govern the relation between the parties and the Memorandum of Settlement is to be treated as binding between the parties. JUDGE Comparing Assistant