http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 3  

CASE NO.: Appeal (civil)  5095 of 2006

PETITIONER: M/s. Wheels India Ltd

RESPONDENT: Shanker Lal & Anr

DATE OF JUDGMENT: 17/11/2006

BENCH: Dr. AR. LAKSHMANAN & ALTAMAS KABIR

JUDGMENT: JUDGMENT

(@ SLP(C) No. 15838 of 2005) WITH CIVIL APPEAL NO. 5096 OF 2006 (@ SLP(C) No. 15848 of 2005)

Dr. AR. Lakshmanan, J.         Leave granted.  Heard both sides.         The appellant in these appeals are M/s. Wheels India Ltd.  and the respondents, namely, Shanker Lal and Om Prakash  are employees of the appellant.  Notice was ordered in these  matters on 16.8.2005.  During the pendency of the  proceedings in this Court, both the respondents-workmen  in these appeals have amicably settled the disputes with  the Management.  The settlement and the receipts issued  by the respective workmen were placed before the Assistant  Labour Commissioner, District Panchayat Premises, Court  Road, Moradabad.  The various issues and the terms  arrived at the settlement are as under:                                  "Statement of the Dispute                  Due to the failure of Conciliation between M/s  Whels India Ltd. Tada Badali, Rampur and  Workman Shri Om Prakash S/o Shri Ghasiram,  before the Conciliation Officer regarding the  dispute of termination of the services vide letter  dated on 22.2.2001, the dispute was referred to  Labour Court, Rampur for its adjudication.  The  Court decided the case vide Case No.101/2001  dated 13th May, 2002 and passed an award which  was published on 20.9.2002.  It was held in the  Award that the termination of services dated  22.2.2001 is against the law and held that the  employee should be reinstated on his post and  wages from the date of joining should be given.   The employer has filed a writ petition challenging  the award in the Hon’ble Court, which was  dismissed by the Hon’ble Court.  Thereafter in  order to maintain industrial peace, both the  parties held talks on various issues and arrived at  a settlement on the following terms : 1       The workman informed the Labour Court  that at the time of termination he was  getting Rs.4100/- PM as wages that he  was in the service of the management  from 1.10.1986. 2       The workman due to some personal

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 3  

reasons did not want to continue his job  in the office and the same was informed  to the management and the management  has no objection to this. 3       Keeping in view the regular service of the  workman, the management is agreeable  to pay him gratuity and as per the terms  of the award, the total amount of earned  wages, and earned leave due from the dt.  of publication of award. 4       That the Management is paying to the  workman vide cheque No.0209181  dt.6.9.05, cheque No.0209182 dt.6.9.05  and cheque No.0209183 dt.6.9.05 a total  amount of Rs.4,95,000/-(Rupees Four  Lakh Ninety Five thousand only) which is  inclusive of Gratuity, earned leave and  wages from the date of publication of the  Award till this day dt.6.9.2005. 5       That on the said paid amount approx.  1,44,000/- (one lakh forty four thousand  only) of income tax is payable as per rules  and employer is ready to deposit the said  income tax amount on his own and the  employer shall issue a certificate in  favour of the workman in relation to  income tax on payment of income tax. 6       That after the said payment, the  relationship of employer and employee  between the parties shall cease and that  no other dues of the management,  towards the workman area payable. 7       That in accordance to this settlement all  the disputes between the pareties have  been fully and finally settled and that no  other dispute remains between the  parties. 8       That all the parties are ready to sign on  the settlement paper under the U.P.I.D.  Act before the conciliation Officer so that  it is applicable on both the sides  according to law. 9       That the management shall not press the  SLP filed by them in the Hon’ble Supreme  Court.

Sd/- Om Prakash              Sd/ Rakesh  Upadhyaya S/o Ghasiram                 Manager Personal &  AD R/o Balmiki Colony,           M/s Wheels India  Ltd. Civil Lines, Rampur,            Dist.Rampur         Workman

Witness of the Settlement                                 1       Dr.Jafer Ali S/o Sh.Mohd.Jan      R/o Mohd Kazi Pura Tada Badali      Dist.Rampur

2       Shri Mohd.Ashlam      S/o Shri Ahamad Khan      R/o Tadu Ka Mazara

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 3  

    PO Danpura      Dist.Rampur

3       Shri Mohd.Farook & Advocate      Chamber No.374 District Court      District Moradabad

       Certified that both the parties have signed the  above said settlement before me today dated  6.9.2005.

                               Sd/- B.K.SINGH                        Asstt.Labour Commissioner                      Moradabad Area, Moradabad   

       Even though show cause notice was sent to the workmen  in both the matters, they have not entered appearance  either in person or through their counsel.  Now as the  settlement has already been reached between the parties  and that the workmen have received all the amounts by  Cheques, we are of the opinion that there is no need to keep  the matter pending on the file any further.         We, therefore, while recording the settlement arrived at  between the parties, dispose of the above appeals in terms  of and as per settlement.  Both the settlements will form  part of the judgment and decree.  No costs.