Bombay High Court
M/S RAMLINGAM AGRO PRODUCTS PVT LTD THROU. ITS SINGATORY RAMLINGAM PALANIAPPANversusPRAVIN VASANT PATIL AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court modified the ex‑parte award to a lump‑sum settlement of Rs.5,00,000, set aside the Recovery Certificate, and ordered payment within two weeks, with revival of the original award if payment is not made.
Summary
The petitioner, M/s. Ramlingam Agro Products Pvt. Ltd., challenged an ex‑parte award dated 2 April 2024 that ordered reinstatement and back wages to the respondent employee. While recovery proceedings were initiated and a Recovery Certificate for Rs.9,90,000 was issued on 2 June 2026, the petitioner sought a stay on the certificate. During the hearing, the parties agreed to settle the dispute for a lump‑sum payment of Rs.5,00,000. The Court modified the original award, directing the petitioner to pay the agreed amount within two weeks and setting aside the Recovery Certificate. It further held that if the payment is not made, the original award would be revived and enforceable. The writ petition was partly allowed and disposed, and the interim application was also disposed.
Issues considered
- What relief, if any, should be granted to the petitioner seeking a stay on the Recovery Certificate issued under the ex‑parte award?
- Whether the original ex‑parte award can be modified to a lump‑sum settlement agreed upon by the parties?
- Consequences of non‑payment of the agreed lump‑sum compensation.
Subjects
- ex‑parte award
- industrial dispute
- settlement
- lump‑sum compensation
- recovery certificate
- writ petition
- labour law
- reinstatement
- back wages
Judgment
Neeta +Sawant 12-WP-14418-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 14418 OF 2024
WITH
INTERIM APPLICATION (ST.) NO. 24538 OF 2026
M/s. Ramlingam Agro Products Pvt.
Ltd. through its Signatory, Ramlingam
Palaniappan …..Petitioner
: Versus :
Pravin Vasant Patil & Anr. ….Respondents
Mr. Kiran Bapat, Senior Advocate with Mr. Sumit Chaudhary, Mr. Swaraj
Thorat, Mr. Gaurav Gawande, Mr. Sanket Kadam, Mr. Sanket Chawan and
Mr. Abhishek Aarole, for the Petitioner.
Mr. Vijay Gehlot with Ms. Shraddha Vavhal, Ms. Simran Shaikh and Ms.
Shivani Pandey, for the Respondents.
CORAM : SANDEEP V. MARNE, J.
DATED : 3 SEPTEMBER 2026.
P.C :
1) The Petitioner is aggrieved by ex-parte Award dated 2 April
2024 and prays for opportunity to defend the Reference. In the
meantime, recovery proceedings are initiated and the Recovery
Certificate in the sum of Rs.9,90,000/- is issued on 2 June 2026. The
Interim Application is filed for seeking stay on Recovery Certificate.
_____________________________________________________________________________
PAGE NOS. 1 of 2
Thursday, 3 September 2026
Neeta +Sawant 12-WP-14418-2024.docx
2) I have heard Mr. Bapat, learned Senior advocate appearing
for the Petitioner and Mr. Gehlot, the learned counsel appearing for the
Respondent-workman.
3) As the hearing of the petition progressed and at the
suggestion made by this Court, both the parties have agreed to settle the
disputes on lumpsum compensation of Rs.5,00,000/-. Accordingly, I
proceed to pass the following order :
(i) The Award dated 2 April 2024 passed in Reference (IDA)
No. 140/2022 is modified and in lieu of reinstatement and
backwages, the Respondent shall be granted lumpsum
compensation of Rs.5,00,000/- as full and final settlement.
(ii) The Petitioner shall pay to the Respondent lumpsum
compensation of Rs.5,00,000/- within two weeks.
(iii) Consequently, the Recovery Certificate dated 2 June
2026 is also set aside.
(iv) Beyond lumpsum compensation of Rs.5,00,000/-, the
Respondent would not be entitled to any other service related
benefits from the Petitioner.
(v) If the amount of awarded compensation is not paid within
2 weeks, the original Award shall stand revived and shall be
executable.
4) With the above directions the Writ Petition is partly allowed
and disposed of. The Interim Application also stands disposed of.
NEETA
SHAILESH
SAWANT
Digitally signed by
NEETA SHAILESH
SAWANT
Date: 2026.09.07
16:45:17 +0530
[SANDEEP V. MARNE, J.]
_____________________________________________________________________________
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Thursday, 3 September 2026
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