SMT. USHA MANJREKAR v. M/S OBEROI HOTELS AND RESORTS AND ANR
Court: Bombay High Court
Bench: HON'BLE SMT. JUSTICE ANUJA PRABHUDESSAI
Judgment date:
Case summary
Bombay High Court judgment dated 2020-12-16. SMT. USHA MANJREKAR v. M/S OBEROI HOTELS AND RESORTS AND ANR. Read the judgment and case details on LawSphereX.
Judgment text
Megha 4_wp_692_2016. odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 692 OF 2016 Smt. Usha Manjrekar ... Petitioner Versus M/s. Oberoi Hotels and Resorts and Anr. ... Respondents …. Mr. T. R. Yadav i/b. Ms Seema Chopda for the Petitioner. Mr. Dharmesh Jain i/b. Mr. Rajesh Gehani for the Respondents. CORAM : SMT. ANUJA PRABHUDESSAI, J. th DATED: 16 DECEMBER, 2020. P. C. :- The Petitioner herein has challenged the Part-I award dated 31/01/2011 and fnaa award dated 15/07/2014 passed by Respondent No. 2 in Reference (IDA) No. 6 of 2008. 2. The services of the Petitioner were terminated for having committed misconduct. The dispute was referred to the Labour Court, Mumbai. The Labour Court has head that the inquiry was fair and proper and that the charges were proved and the punishment was proper and justifed and hence, dismissed the Reference.
Being aggrieved by the said award, the Petitioner had invoked the Writ jurisdiction of this Court under Articae 227 of the Constitution of India. 1/5 Megha 4_wp_692_2016. odt 3. Mrs. Seema Chopda, aearned counsea for the Petitioner as weaa as Mr. Rajesh Gehani, aearned counsea for Respondent submits that the Petitioner-Workman as weaa as the Respondent No. 1 have settaed the matter amicabay. They have paaced on record Consent Terms, which read thus:- Consent Terms “The parties abovenamed have settled all their disputes and diferences including the subject matter of Writ Petition No. 692 of 2016 and Reference (IDA) No. 6 of 2008 on the following terms and conditions: 1. The Respondents have agreed to pay to the Petitioner in the aforesaid proceedings, a total amount of Rs. 4,75,000/- (Rupees Four Lakhs and Seventy Five Thousand only) in full and fnal settlement of all her dues, rights and claims of whatsoever nature and the said Petitioner, Smt.
Usha Manjrekar agrees to accept the said amount of Rs. 4,75,000/-(Rupees Four Lakhs and Seventy Five Thousand only) in full and fnal settlement of all her dues, rights and claims arising out of the aforesaid proceedings including the earned salary, Bonus, Gratuity, Leave pay and Exgratia. The details of the said amount of Rs. 4,75,000/- (Rupees Four Lakhs and 2/5 Megha 4_wp_692_2016. odt Seventy Five Thousand only) are mentioned as under: In addition to the above amount of Rs. 2,73,425 (Rupees Two Lakhs Seventy Three Thousand Four Hundred and Twenty Five only) the Petitioner is being paid an amount of Rs. 2,01,575/-(Rupees Two Lakhs One Thousand Five Hundred and Seventy Five only) as under: (image) th Rs. 2,73,425. 00 by Cheque No. 570830 dated 08 October, 2020 drawn on United Bank of India and Rs. 2,01,575/- by Cheque No. 08th October, 2020 drawn on United Bank of India. 2.
It is agreed that the services of the Petitioner shall be treated as terminated by consent with immediate efect without attaching any stigma of whatsoever nature against her and shall be issued a simple service certifcate showing her period of employment, last drawn salary and designation and the aforesaid amount is paid to the Petitioner in full and fnal settlement of all his dues, rights and claims. 3. It is further agreed that on receipt of this amount of Rs. 4,75,000 (Rupees Four Lakhs and Seventy Five Thousand onay) the Petitioner shaaa have no dues, rights and caaims outstanding against Oberoi Hoteas 3/5 Megha 4_wp_692_2016. odt and Resorts or any of their associate concerns. 4. The Petitioner aaso undertakes not to initiate or pursue any matter or proceedings before any Court of Law or Authority against EIH Ltd. owners of the brand Oberoi Hoteas and Resorts whatsoever. 5. The Petitioner Workman acknowaedges the receipt of the aforesaid described Cheques. 6.
The aforesaid Writ Petition No. 692 of 2016 may be disposed of as per these consent terms. ” 4. The Petitioner, who is present before the Court has acknowaedged having received the amount stated in the Consent Terms. She has aaso stated that she has gone through the Consent Terms and that the same are acceptabae to her. Consent terms signed by the Petitioner and the authorised signatory of the Respondent. Consent terms are taken on record and marked ‘X’ for identifcation. 5. Petition stands disposed of in view of the above consent terms. 6. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act 4/5 Megha 4_wp_692_2016. odt on production by fax or email of a digitally signed copy of this order. (SMT. ANUJA PRABHUDESSAI, J. ) 5/5
Source: Bombay High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.