1994 PLP 1201 (MLD)

This is an application for disposing of the writ petition in accordance with the settlement arrived at between the parties.

2. Syed Manzar Abbas respondent who has since died was employed as Senior Accounts Assistant in Glaxo Laboratories (Pakistan) Limited, Lahore, the petitioner herein. He was accused of having committed theft of one kilogram Glucose of which charge, he was found guilty by the Enquiry officer and consequently his services were terminated on 11-8-1985. The respondent challenged his termination in a grievance petition which was accepted by the Labour Court and the respondent was ordered to be re-instated with back benefits. This was vide order, dated 4-5-1988. Petitioner-Company preferred an appeal against the decision of the Labour Court but as the stay order issued therein stood vacated on the expiry of 20 days, petitioner approached this Court through the present Constitutional petition. Appeal was subsequently withdrawn.

3. During the pendency of this petition, respondent/employee died and when the matter came up for hearing before this Court on 4-5-1991, learned counsel for the petitioner submitted that in view of the changed circumstances (on account of the death of the respondent/employee), he would like to talk to the management to persuade them to pay reasonable compensation to the successors of the deceased worker on compassionate ground. Matter thereafter was adjourned many a time as the amount offered by the petitioner company was not acceptable to the legal heirs of the deceased respondent who in the meantime were impleaded as respondents.

4. Parties have now filed the instant application which is signed by the counsel for the petitioner-Company and by Mst. Tehsin, the widow of the deceased respondent. It is stated in the application that the legal heirs of the deceased respondent "have agreed to accept the sum of Rs.80,000 in full and final settlement as ex gracia payment towards all or any claims which they may have in this respect, to be paid in Court". It is further stated in the application that the matter has been mutually resolved and it will be in the interest of justice and equity that the impugned order be set aside by mutual consent. Mst. Tehsin Manzar, the widow and Syed Fida Abbas Zaidi son of the deceased respondent are .present in Court. Both of them state that the matter has been mutually resolved and they have willingly accepted Rs.80,000 to put an end to the litigation and that they have no objection if the impugned order of the Labour Court is set aside. It is further stated by Mst. Tehsin Manzar that her son Syed Raza Abbas Zaidi has since died and the third son Syed Asad Abbas Zaidi is a minor. In view of the position aforestated, I consider it just and proper to accept the compromise arrived at between the parties. This application is accordingly allowed with the result that the impugned order of the Labour Court is set aside and the writ petition is disposed of in the aforesaid terms with no orders as to costs. It may pertinently be observed that learned counsel for the petitioner Y has handed over to Mst. Tehsin Manzar Cheque No.XCB 662376 dated 20-12-1993 for Rs.80,000 drawn on Grindlays Bank, Main Branch, Bank Square, Shahrah-e-Quaid-e-Azam, Lahore. H.B.T./G-194/L Order accordingly.