R.K.MERATHIA, J. - (1.) HEARD the parties finally. Both these writ petitions are being disposed of by this common order.
(2.) IT is submitted on behalf of Kaushalya Devi that Baijnath Koiri agreed to pay Rs. 500/ - per month and also 1/4th of the gratuity and provident fund to her as far back as on 13.1.1985 before the Desertion Cell of Deputy Commissioner, Dhanbad and as per this agreement, Rs. 500/ -was deducted from his salary and was paid to her till he retired. Therefore, he may be directed to fulfill his commitment, by paying Rs. 500/ - per month and 1/4th of the gratuity and provident fund. It is submitted on behalf of the Baijnath Koiri that the order of Desertion Cell has got no force of law and that he did not sign on any agreement. It is further submitted that Kaushalya Devi filed a suit (T.S. No. 98 of 2003) in the Munsif 1st Court at Dhanbad, for permanent maintenance, but it was dismissed for default. She also filed a case being M.P. Case No. 74 of 2006, in the Family Court at Dhanbad, under Section 125, Cr PC, which is pending. Even if it is accepted that the order passed in the proceeding before Desertion Cell has got no force of law, Baijnath Koiri cannot dispute that he acted on the said agreement, inasmuch as Rs. 500/ - was deducted from his salary for about 17 years. In view of the said agreement, the Controlling Authority under the Payment of Gratuity Act/Assistant Labour Commissioner (Central), Dhanbad -111 has passed order on 23.8.2004 for payment of 1/4th of gratuity amount which comes to Rs. 62,615/ -, which order has also not been challenged by Baijnath Koiri.
(3.) NOW in order to avoid further litigation and for mental peace learned Counsel, appearing for the parties, on instruction from Baijnath Koiri and Kaushalya Devi, said to be present in Court, agreed for the following order: (i) Kaushalya Devi will be entitled to withdraw the said amount of Rs. 62,615/ - from the Controlling Authority under the Payment of Gratuity Act/Assistant Labour Commissioner (Central). Dhanbad -III. (ii) Kaushalya Devi will supply her Bank Account number to the Commissioner, C.M.P.F. The Commissioner, C.M.P.F. is directed to pay Rs. 1,37,385/ - out of Provident Fund of Baijnath Koiri to Kaushalya Devi on being satisfied about her identification, by account payee cheque, mentioning her account number therein. The rest of the amount of Provident Fund will be released in favour of Baijnath Koiri within two weeks thereafter. (iii) Kaushalya Devi will withdraw the said M.P. Case No. 74 of 2006 pending in the Family Court, Dhanbad. (iv) She will have no further claim including the maintenance of Rs. 500/ - per month against Baijnath Koiri. (v) Baijnath Koiri will also have no claim against her. Both these cases are accordingly disposed of on such settlement between the parties.;