- (1.) HEARD Shri J.N. Mathur learned Senior Advocate assisted by Shri Manish Kumar, Shri P. Chakravarty and Shri Pradeep Kumar Singh on behalf of the petitioner and Shri Ratnesh Chandra, Shri Saurabh Shankar Srivastava and Shri Sudeep Kumar, Shri Jaspreet Singh and Shri Amit Chandra on behalf of the respondents. The controversy under the present appeal was referred to the Mediation and Conciliation Center Lucknow on 21.11.2011. Parties appeared before the Mediator consisting of Mr. I.B. Singh, Senior Advocate, Shri Y.S. Lohit, Advocate and Shri Alok Mathur, Advocate. Before the Mediation Center settlement agreement has been signed by the parties on 1.6.2012. Under the agreement the management has been agreed to pay the outstanding dues of workmen and employees which is about Rs. 9,38,54,499/ - (Nine crore thirty eight lac fifty four thousand four hundred ninety nine) as well as outstanding dues of other creditor is about Rs. 2,76,59,837/ - (Two crore seventy six lac fifty nine thousand eight hundred thirty seven). However, the period has not been provided in the settlement agreement. Hence, with the consent of parties' counsel, we further provided that entire amount in terms of settlement agreement shall be paid to the workmen, creditors and other employees as well as Bank within a period of one year i.e. 31.12.2013 or before.
(2.) WORKMEN and employees shall be entitled for payment of dues up to 31.12.2012. All the settlement agreements dated 7.1.2012, 1.2.2012, 1.6.2012, 11.6.2012, 15.6.2012, 2.7.2012, 3.7.2012, 6.7.2012, 9.7.2012, 26.7.2012, 10.9.2012, 15.10.2012 and 24.11.2012 (one time settlement) shall be the part of the present judgment.
(3.) KEEPING in view the amicable settlement between the parties, the order passed by the learned Single Judge is set aside. In case, any property alienated in terms of agreement, the management shall release the money firstly in terms of settlement agreement. The worker shall possess first charge. We appreciate the assistance given by learned Senior Counsel for the Management as well as learned counsel appeared before this Court and the mediators to resolve the present dispute amicably before the Mediation and Conciliation Center, Lucknow.;