Odisha Gazette, No. 1780, 21 June 2025

The Odisha G a z e t t e

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 1780 CUTTACK, SATURDAY, JUNE 21, 2025/JAISTHA 31, 1947

LABOUR & E.S.I. DEPARTMENT

NOTIFICATION

The 17th June 2025

S.R.O. No. 345/2025—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Award, dated the 16th May 2025 passed in the I.D. Case No. 62 of 2021 by the Presiding Officer, Industrial Tribunal, Bhubaneswar to whom the Industrial Dispute between the Management of M/s. Suvochem Industries Pvt.Ltd., At S-3, A/1, Jagatpur New Industrial Estate, Jagatpur, Cuttack and Shri Nilamani Nandi, S/o Abhiram Nandi, At Sujapur, P.O. Bhayarpur, Dist. Cuttack was referred for adjudication is hereby published as in the schedule below :—

SCHEDULE

BEFORE THE INDUSTRIAL TRIBUNAL, BHUBANESWAR

INDUSTRIAL DISPUTE CASE NO. 62 of 2021

Dated the 16th May 2025

Present :

Shri Benudhar Patra,

Presiding Officer, Industrial Tribunal,

Bhubaneswar.

Between :

The Management of

. . First Party—Management M/s Suvochem Industries Pvt.Ltd.,

At S-3, A/1, Jagatpur New

Industrial Estate, Jagatpur,

Cuttack.

And

Shri Nilamani Nandi,S/o Abhiram Nandi, . . Second Party—Workman At Sujapur,P.O. Bhayarpur

Dist. Cuttack.

Appearances :

Shri Aditya Mishra, Advocate . . For the First Party—Management

Shri Sanjib Mohanty, Advocate . . For the Second Party—Workman

AWARD

The Goverment of Odisha, in the Labour & E.S.I. Department have referred the following schedule of dispute for adjudication vide their Order No. 9074/LESI-IR-ID-0008-2021, dated the 15th November 2021.

SCHEDULE

"Whether the action of the management of M/s Suvochem Industries Pvt.Ltd., Jagatpur New Industrial Estate, Jagatpur, Cuttack in terminating the service of Shri Nilamani Nandi, Ex-Senior Operator w.e.f. the 3rd March 2020 is legal and/or justified ? If not, what relief the workman is entitled to ?"

2. Today being the date fixed for evidence of the first party, the second party workman Shri Nilamani Nandi and his learned counsel Shri Sanjib Mohanty, so also Shri Tausif Equbal, General Manager of the first party and its learned counsel Shri Aditya Mishra presented a Memorandum of Settlement drawn up in Form 'K' and submitted that since the dispute between them has already been settled amicably out of the Court, an Award may be passed in terms of the said settlement.

3. The terms of the settlement contained in the Memorandum Form 'K' are read-over and explained both to the second party as well as the representative of the management and they admitted the same to be true and correct. It reveals from the settlement that pursuant to the terms arrived at between the parties, the second party would be reinstated in service w.e.f. the 2nd June 2025 and as a gesture of goodwill the management has agreed to pay the second party an amount of Rs.2,65,000 (Rupees two lakh sixty five thousand) only towards his outstanding dues. On being asked, the second party admitted to have entered into the settlement with the management without any influence/coercion from any corner. The settlement being fair is recorded and as agreed to by the management, a Cheque bearing No. 032882, dated the 16th May 2025 for an amount of Rs.2,65,000 (Rupees two lakh sixty five thousand) only is handed over to the second party and he acknowledged the same by endorsing a receipt to that effect. The General Manager, representing the management submitted that the second party would be taken back to employment on the 2nd June 2025.

4. In view of the above, the reference is disposed of in terms of the settlement, which do form part of the Award.

Dictated and corrected by me.

BENUDHAR PATRA

16-05-2025

Presiding Officer

Industrial Tribunal, Bhubaneswar

[No. 5595—LESI-IR-ID-0008/2021-LESI]

By order of the Governor

MADHUMITA NAYAK

Special Secretary to Government3

FORM "K"

(See Rule 64)

MEMORANDUM OF SETTLEMENT BETWEEN THE MANAGEMENT OF

M/S SUVOCHEM INDUSTRIES PVT. LTD. AND ITS EX-WORKMAN

SHRI NILAMANI NANDI

NAME OF THE PARTIES

(A) Representing the Employer

(B) Representing the Workmen

Shri Tausif Equbal

Shri Nilamani Nandi

Made Part of Award.

BENUDHAR PATRA

16-05-2025

Presiding Officer

Industrial Tribunal, Bhubaneswar

SHORT RECITAL OF THE CASE

Whereas, the Govt. of Odisha in Labour & Employment Department made an Order of Reference No. 9074, dated the 15th November 2021 read with Corrigendum, dated the 2nd March 2022 for adjudication by the Presiding Officer, Industrial Tribunal, Bhubaneswar in respect of alleged termination of the workman with effect from the 3rd March 2020 by the management, the same has been registered as I.D. Case No. 62 of 2021. The parties having submitted their pleadings, the matter has been fixed for hearing, but the case has been long drawn. While the matter remained so, the workman keeping in view of the uncertainty of the present litigation, with the intervention of same well wishers of both the parties approached the management for settling the dispute mutually and amicably out of the Court. Thus, there ensue bipartite talks of compromise by between the parties and after protracted discussion with active mediation of the respective advisors and well wishers of the parties, they have resolved the dispute on the following terms and conditions.

TERMS OF SETTLEMENT

(1) It is agreed by and between the parties that the workman shall reinstated in service without any back wages or other benefits except for counting of service for Gratuity purposes only.

Further, both the parties agree that as a gesture of goodwill to resolve all claims, disputes, grievances, outstanding payments, etc. a sum of Rs. 2,65,000 (Rupees two lakh sixty five thousand) shall be paid to the workman towards back benefits for the intervening period from tha date of termination dated the 3rd March 2020 until his reinstatement pursuant to the present settlement w.e.f. the 2nd June 2025.

(2) It is agreed by and between the parties that the settled amount shall be paid in the Court premises in from of Cheque before the Hon'ble Industrial Tribunal. The workman agrees to render due stamp receipt acknowledging the above payment which shall be part of this settlement.

(3) It is agreed by virtue of this settlement, all claims and disputes arising out of employment, non-employment and terms of employment of the workman under the 1st party management until4 his reinstatement in service pursuant to the present settlement stand resolved fully and finally and that no other or further claim in such respect whatsoever shall lie or be raised by any party in future.

(4) Both parties agree to file a joint petition for composition of the pending reference in I.D. Case No. 62 of 2021 before the Industrial Tribunal, Bhubaneswar enclosing a copy of the settlement and with a prayer to pass an award in terms of the present settlement.

(5) Both parties agree that the above settlement is fair, amicable and reasonable and they have lent their signature on their own volition and free will without any threat, coercion or undue influence whatsoever.

Signed, this on the 16th day of May 2025 at Bhubaneswar.

Signature of the Parties.

(A) Representing the Management

(B) Representing the Workmen

1. For Suvochem Industries Pvt. Ltd. 1. Nilamani Nandi

G.M. (Operations and Production) 16-05-2025

Witneses : 1. Aditya Mishra

Advocate(0-287-08)

2. Bhagaban Biswal

Advocate (0-169/2006)

RECEIPT

Received Rs. 2,65,000 (Rupees two lakh sixty five thousand only) from the employer M/s Suvochem Industries Pvt. Ltd., as per Settlement in Form 'K', dated the 16th May 2025 by Cheque No. 032882, dated the 16th May 2025 drawn on State Bank of India as full and final settlement of all my lawful dues.

Bhubaneswar

Date: 16-05-2025 Nilamani Nandi

For Suvochem Industries Pvt.Ltd.

G.M. (Operations and Production)

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