VINOD KUMAR TIWARI Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2019-12-195
HIGH COURT OF CALCUTTA
Decided on December 12,2019

VINOD KUMAR TIWARI Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

SOUMEN SEN,J. - (1.) Mr. Soumya Majumdar, learned counsel appearing on behalf of the appellant, has placed before us the draft terms of settlement for our consideration. After hearing the parties, we have modified the draft terms of settlement and the modified draft terms of settlement duly corrected by us have been accepted and acknowledged by the parties by putting their signatures on each page of the draft terms. The advocate-on-record representing the School has put his initials on each page of the draft terms as an acceptance of the terms. The said draft terms duly signed by the appellant and Md. S. S. Siddique, advocate on behalf of the respondent School shall be kept with the record.
(2.) We dispose of the appeal on the basis of the terms duly accepted by the parties before us on 12th December 2019. The draft terms finalized by us and accepted by the parties are:- "Mr. Vinod Kumar Tiwari joined Saifee Golden Jubilee English Public School on 13.02.1995 initially as a Commerce Teacher. During the period of his employment in the School certain disputes and differences arose. During the pendency of litigation before the Hon'ble High Court at Calcutta, the Management of the School and Mr. Vinod Kumar Tiwari have agreed to settle all disputes and differences between them in relation to the terms and conditions of employment in the manner as follows:- 1. Mr. Vinod Kumar Tiwari shall be deemed to have resigned from the service of the School as Teacher of Accounts and Business Studies with effect from 13th February 2020. 2. Mr. Vinod Kumar Tiwari shall be deemed to be in continuous service of the School from 13.02.1995 to 13th February 2020. 3. That an Experience Certificate will be issued by the Management of the School to Mr. Vinod Kumar Tiwari. 4. That a lump sum amount of Rs. 17 Lakhs net without TDS shall be paid to Mr. Vinok Kumar Tiwari by the Management of the School within a period of 2 months from date in three instalments. The first instalment of Rs. 7 lakhs shall be paid by 24th December 2019, the second instalment of Rs. 5 lacs by 15th January 2020 and the remaining balance amount of Rs. 5 lacs by 10th February 2020.
(3.) That apart the Management of the School will deposit further amount of Rs. 3 lakhs with the Regional Provident Fund Commissioner, West Bengal, within 2 months from date for crediting the Provident Fund Account of Mr. Vinod Kumar Tiwari, out of which, 8.33% may be remitted to the Pension Fund of Mr. Vinod Kumar Tiwari, that may be maintained in the Office of the Regional Provident Fund Commissioner, West Bengal.;


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