The Odisha

G a z e t t e

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 2171 CUTTACK, MONDAY, NOVEMBER 18, 2024/KARTIKA 27, 1946

LABOUR & E.S.I. DEPARTMENT

NOTIFICATION

The 12th November 2024

S.R.O. No. 602/2024—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14

of 1947) the Award, dated the 17th October 2024 passed in the ID Case No.10 of 2022 by the

Presiding Officer, Labour Court, Bhubaneswar to whom the industrial dispute between the

M/s Astrazeneca Pharma India Ltd., P.B. No. 4525, Block-N1, 12th Floor, Manyata Embassy Business

Park, Rachenahall, Outer Ring, Bangalore-560045 and 1. Suprava Mohanty, Age-49 yrs., W/o Late

Suvendu Mohanty, 2. Suvam Mohanty, Age-22 years, S/o Late Suvendu Mohanty, 3. Shivam Mohanty,

Age-08 yrs., S/o Late Suvendu Mohanty, 4. Nirmala Mohanty, Age-78 yrs., W/o Late Kishori Mohan

Mohanty, All are the legal heirs of Late Shri Suvendu Mohanty, the original second party of this case

and permanent resident of At/P.O. Padmapur, P.S. Jagatpur, Dist. Cuttack and present resident

At 198/200, Krishnapuri, Malipada, P.S. Chandaka, Bhubaneswar, Dist. Khurda was referred to for

adjudication is hereby published as in the schedule below.

SCHEDULE

IN THE LABOUR COURT, BHUBANESWAR

INDUSTRIAL DISPUTE CASE NO. 10 of 2022

Dated the 17th October 2024

Present :

Smt. Aparna Mohapatra,

Presiding Officer,

Labour Court,

Bhubaneswar,

[JO CODE-OD-0408]

Between :

M/s Astrazeneca Pharma India Ltd.,

. .

First Party—Management

P.B. No. 4525, Block-N1, 12th Floor,

Manyata Embassy Business Park,

Rachenahall, Outer Ring,

Bangalore-560045.

And

1. Suprava Mohanty, Age-49 yrs.,

. .

Second Party—Workman

W/o Late Suvendu Mohanty.

2. Suvam Mohanty, Age-22 years,

S/o Late Suvendu Mohanty.

3. Shivam Mohanty, Age-08 yrs.,

S/o Late Suvendu Mohanty.

4. Nirmala Mohanty, Age-78 yrs.,

W/o Late Kishori Mohan Mohanty,

All are the legal heirs of Late Shri Suvendu Mohanty,

the original second party of this case and permanent

resident of At/P.O. Padmapur, P.S. Jagatpur,

Dist. Cuttack and present resident

At 198/200, Krishnapuri, Malipada,

P.S. Chandaka, Bhubaneswar,

Dist. Khurda.

Appearances :

Shri S. Lal & Associates,

. .

For the First Party—Management

Advocates.

Shri S. Das & Associates,

. .

For the 2nd Party—Workman

Advocates.

AWARD

The Government of Odisha in its Labour & E.S.I. Department have referred the following

matter in dispute between the parties for adjudication vide its Order No. 2925—LESI-IR-ID-0024/

2022-LESI, Dated the 8th April 2022 :—

“Whether the action of the management of the M/s Astrazeneca Pharma India Ltd.,

P.B. No. 4525, Block- N1, 12th Floor, Manyata Embassy Business Park, Rachenahall,

Outer Ring Road, Bangalore-560045 in terminating the service of Shri Suvendu

Mohanty, Ex-Sales Development Manager with effect from the 27th October 2020

is legal and/or justified ? If not, what relief he is entitled to ?

On perusal of the case record, it reveals that pursuant to the above Order of Reference,

the second party disputant namely Shri Suvendu Mohanty (who died during the pendency of the

case and his legal heirs named above were impleaded accordingly vide order, dated the 6th April

2023) filed his statement of claim thereby challenging his termination from service as illegal on

account of non-compliance of the provisions of the Industrial Disputes Act, 1947 (for short, ‘the ID

Act” or “the Act’).

On receipt of the notice, the management not only caused its appearance but also filed its

WS challenging the claim of the second party on the assertion that the statements as averred in

the Statement of Claim are far away from truth. The management in its WS also prayed for the

dismissal of the case.

The case record further reveals that when the case record was posted for cross-examination

of WW No.1,. the parties (i.e., the management and the legal heirs of deceased Suvendu Mohanty,

the second party) being present in the Court, so also being identified by their respective learned

counsels jointly filed a memorandum of settlement drawn-up in Form- “K” stating that they have

settled the dispute out of the Court and prayed to pass an award in terms thereof.

The contents of the Form-K as well as the terms & conditions of the settlement are jointly

decided and drafted as per the consent of the parties who admit the same to be correct and they

agreed for settlement of the dispute as per the terms and conditions set out in Form-K. Having

regard to such settlement between the parties, their consent on the terms and conditions of the

said settlement and the fact that the settlement has been reached voluntarily without any threat,

coercion and undue influence, this Court is inclined to pass an Award as per the terms of the

settlement and accordingly, the settlement drawn-up in Form-K between the parties shall form

part of this Award.

The reference is disposed of accordingly.

Dictated and corrected by me.

APARNA MOHAPATRA

17-10-2024

Presiding Officer

Labour Court, Bhubaneswar

[No. 9813—LESI-IR-ID-0024/2022-LESI]

By order of the Governor

NIRANJANA JENA

Deputy Secretary to Government

BEFORE THE PRESIDING OFFICER : LABOUR COURT

BHUBANESWAR

FORM - ‘K’

(See Rule 64 of Orissa I.D. Rules)

FORM OF MEMORANDUM OF SETTLEMENT

MEMORANDUM OF SETTLEMENT MADE ON THIS 4th DAY OF OCTOBER 2024 UNDER THE

INDUSTRIAL DISPUTES ACT, 1947, ARRIVED AT BHUBANESWAR BETWEEN THE MANAGEMENT

OF M/S. ASTRAZENECA PHARMA INDIA LTD & LEGAL HEIRS OF LATE SUVENDU MOHANTY, EX-

SALES DEVELOPMENT MANAGER IN THE MATTER OF INDUSTRIAL DISPUTE REFERRED FOR

ADJUDICATION BY LBOUR & ESI DEPARTMENT VIDE ORDER NO. 2925/LESI, DATED THE 8TH

APRIL 2022.

PARTIES TO THE SETTLEMENT

Representing Management:

Astrazeneca Pharma India Ltd.

Registered Office : Block N1, 12th Floor,

Manyata Embassy Business Park Rachenahalli,

Outer Ring Road Bangalore, Karnataka- 560045.

Represented by its ER & IR Lead, Mr. Ragothaman Raghunathan, aged

about 41 Years S/o Shri Raghunathan,

Address:- Block N 1, 12th Floor, Manyata Embassy Business Park

Rachenahalli, Outer Ring Road Bangalore Karnataka-560045.

Representing Legal Heirs Of Late Subhendu Mohanty :

Suprava Mohanty, aged about 49 years

W/o Late Suvendu Mohanty,

Permanent resident of At/P.O. Padmapur,

P.S. Jagatpur, Dist. Cuttack and present

resident of

At 198/200, Krishnapuri, Malipada, P.S. Chandaka,

Bhubaneswar, Dist. Khurda.

Form part of the Award

Aparna Mohapatra,

Presiding Officer,

Labour Court, Bhubaneswar.

BRIEF FACT OF THE CASE

Whereas an industrial dispute being raised by disputant Suvendu Mohanty, Ex-employee of the

Management of M/s AstraZeneca Pharma India Ltd before Labour Authority, the Labour Authority

referred the matter of industrial dispute for adjudication to the P.O., Labour Court, Bhubaneswar,

under the following schedule of reference vide Order No. 2925/LESI, dated the 8th April 2022 ;

Whether the action of the Management of M/s AstraZeneca Pharma lndia Ltd P.B. No. 4525,

Block-N1, 12th Floor, Manyata Embassy Business Park Rachenahalli, Outer Ring Road Bangalore,

Karnataka- 560045 in terminating the service of Shri Suvendu Mohanty, Ex-Sales Development

Manager with effect from the 27th October 2020 is legal and/or justified ? If not what relief he is

entitled to ?”;

And whereas said disputant Suvendu Mohanty had filed claim statement before the Presiding

Officer, Labour Court which is numbered as I.D. Case No.10/2022 and prayed that the termination

of his service by the Management is illegal, unjustified, and prayed the Hon’ble Labour Court to

pass the award in his favour ;

And whereas the Management of AstraZeneca Pharma India Ltd has contested the case by filing

the Written Statement denying the allegations of disputant ;

And whereas during pendency of the proceeding the disputant Suvendu Mohanty expired on 9th

November 2022 and his legal heirs including the wife of disputant Suvendu Mohanty were

substituted in this case as per order of this Hon’ble Court ;

And whereas during the pendency of adjudication of the above referred I.D. Case No.10 of 2022,

discussion between the representing Employer and their lawyer and the legal heirs of Suvendu

Mohanty and his lawyer was held from time to for an amicable settlement on payment of lump sum

amount of monetary benefits as the prayer for reinstatement in service of disputant under the

management has been rendered impossible due to death of disputant ;

And whereas after a protracted discussion/ negotiations both the Management/Employer and

the successors of Late Suvendu Mohanty have agreed to settle the dispute under the following

terms and conditions.

TERMS & CONDITIONS OF SETTLEMENT

1. That, it is agreed between the parties that the management of M/s AstraZeneca Pharma

India Ltd. will pay an amount of Rs. 6,50,000 (Rupees Six Lakhs Fifty Thousand Only) only towards

full and final settlement of all the entitlements of disputant under the management to Suprava

Mohanty and on receipt of the above, the successors of late Suvendu Mohanty shall have no claim

or demand either at present or in future whatsoever against the present management in any manner

whatsoever.

2. That in consideration of this settlement the Management has issued an Account Payee

Demand Draft No. 820137, dated the 26th September 2024, drawn on HSBC Bank in favour of

Suprava Mohanty on behalf of all the successors of the deceased disputant late Suvendu Mohanty

and on clearance of the aforesaid Demand Draft in the account of Suprava Mohanty, the dispute

be treated as resolved without involving any liability to the management.

3. It is agreed between the parties to submit this Memorandum of Settlement before the

Presiding Officer, Labour Court, Bhubaneswar as a measure of mutual settlement so as to pass

appropriate award basing upon the above settlement.

4. That both the parties understand, agree and accept that, this agreement/settlement is

amicable and with due volition and free from any influence and force from any corner and by virtue

of the present settlement both the parties settled the industrial dispute and difference between the

parties in an amicable manner.

5. It is further agreed that the above payment fully and finally settles all the claims made by

the disputant in her application and nothing is due to her from the company with the payment of the

amount as above.

Printed and Published by the Director, Directorate of Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 1411–173+9

6. It is further agreed that the disputant shall not raise any dispute or claim monetary or

otherwise either in respect of her employment in the company claimed by the disputant from the

management, as the payment as above fully and finally settles all the claims of the disputant, and

nothing is due to her from the company.

The settlement is signed by both the parties on this day of 4th October 2024 in presence of

the witnesses at Labour Court, Bhubaneswar.

Legal Heirs of Late Subhendu Mohanty

Signature of Management

Signature of the Representative

Representing

Signature of Witnesses :

1. Suvam Mohanty

2. Bibhu Prasad Panda, Advocate