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IN THE HIGH COURT OF DELHI AT NEW DELHI 18.08.2009 Present:- Mr. A.K. Matta, Sr. Advocate with Mr. Anurag Ranjan for the petitioner Mr. M.K. Rajdan, CEO of the petitioner. Respondent with his counsel Mr. Harvinder Singh, Advocate. W.P.(C.) No. 7352/2009 The Press Trust of India Ltd. ( hereinafter to be referred as the 'petitioner') has filed this writ petition seeking to challenge an order dated 24.01.2009 passed by the Industrial Adjudicator granting 50% last drawn wages to the respondent as an interim measure pending approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 for dismissal of the respondent from the service of the petitioner on account of alleged misconduct of 03.12.2004 The arguments in this case were heard at length. Both sides have also filed their written arguments which have also been gone through by me. Before the arguments in the matter could conclude, learned counsel appearing on both sides submitted that there are possibilities of settlement if efforts are made and for that purpose, they sought intervention of the Court. I have heard learned counsel for both the parties on the point of settlement. Mr. M.K. Rajdan, CEO of the petitioner is present in the Court. The respondent is also present in the Court. The matter for settlement has been discussed in their presence. W.P.(C.) No. 7352/2009 Page 1 of 3 Both sides have agreed to settle the subject matter of dispute between them on the following terms:- (i)The order of dismissal dated 10.12.2004 passed by the petitioner against the respondent shall stand withdrawn. (ii)The respondent shall be deemed to have resigned the service of the petitioner voluntarily of his own w.e.f.10.12.2004 (iii)The respondent shall be paid all terminal benefits including Provident Fund, Gratuity, Leave encashment treating him into service up to 10.12.2004, if not already paid. The payment on this account shall be made by the petitioner to the respondent within six weeks from today. (iv)All civil and criminal cases pending between the parties against each other in any Court up to the Hon'ble Supreme Court will be withdrawn and will not be pursued any more. The respondent shall be entitled to get the criminal case got registered against him by the petitioner vide FIR No. 316/2006 Police Station Parliament Street, New Delhi under Section 323, 506 IPC quashed by moving an appropriate application under Section 482 Cr.PC before this Court and the petitioner will cooperate in the quashing of the said criminal case pending against the respondent. The complaint case filed by the respondent against Mr. M.K. Rajdan, CEO of the petitioner and some other persons shall be withdrawn by the respondent unconditionally. (v)The petitioner shall pay an amount of Rs.10 lacs to the respondent within six weeks as settlement amount over and above his terminal benefits. (vi)The respondent shall be entitled to split the amount of Rs.10 lacs which he will get from the petitioner as income spread over the period of his employment with the W.P.(C.) No. 7352/2009 Page 2 of 3 petitioner. (vii)This settlement will bring an quietus between the parties and no party hereinafter can file any civil or criminal case arising out of the affairs during the period of the employment of the respondent with the petitioner and till date. (viii)This settlement has been arrived at between the parties voluntarily without there being any pressure on them from anybody whomsoever. Both parties undertake that they will remain bound by the terms of their settlement recorded hereinabove. This settlement arrived at between the parties is in the peculiar facts and circumstances of the case and will not be used as a precedent by any other employee of the petitioner. This writ petition is disposed of in terms referred hereinabove. AUGUST 18, 2009 S.N.AGGARWAL, J 'a' W.P.(C.) No. 7352/2009 Page 3 of 3
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