JUDGMENT:- The Petitioner was serving with Respondent No.1 as a watchman since 1980. The services of the Petitioner were terminated with effect from 23/07/1990. He raised an industrial dispute for his reinstatement and consequential benefits and, therefore, the Government was pleased to refer the matter to the Labour Court vide Reference (IDA) No.568 of 1992. The Labour Court by an award dated 23/12/1996 directed that the Petitioner be reinstated with full back wages and with continuity of service with effect from 23/07/1990. The award was published by the State Government on 12/02/1997.

2. After the award was published, it is alleged by the Respondent No.1 that there was a settlement between the parties on 17/02/1997 whereby the Petitioner gave up his right of reinstatement with full back-wages and that an amount Rs.15,000/- was paid by cheque alongwith cash amount of Rs.10,000/- in the presence of representative of the Petitioner Shri. Lobo and the representative of the Company and Shri. Pathak, the advocate on behalf of the Company. This fact, however is the main dispute which is subsequently agitated by both the parties up to this Court.

3. After the award was published on 12/02/

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