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LPA/3066/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 3066 of 2010
In
SPECIAL
CIVIL APPLICATION No. 12864 of 2010
WITH
CIVIL
APPLICATION NO. 16845 OF 2010
=========================================================
JAVEDALI
KUTUBALI HASHMI - Appellant(s)
Versus
VANTAGE
ADVERTISING PVT LTD - Respondent(s)
=========================================================
Appearance
:
MS
ARCHANA N PATEL for
Appellant(s) : 1,
NOTICE SERVED for Respondent(s) : 1,
MR VIMAL
M PATEL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 22/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
We
have heard Ms.Archana N.Patel, learned counsel for the appellant and
Mr.Vimal Patel, learned counsel for the respondent.
2. This
appeal has been filed by the appellant challenging the judgment and
order of the learned Single Judge dated 30.10.2010, by which, the
award of the Labour Court has been set aside by the learned Single
Judge and the relief granted to the appellant of reinstatement with
50% backwages, has been set aside and an amount of Rs.1 lakh
compensation has been awarded by
the learned Single Judge to the appellant.
3. The
appellant was serving with the respondent as Board Repairer cum
General labourer. He was required to make boards for advertisement
and to work as team member on various sites for the purpose of
board/hoardings of the respondent Company. The appellant informed the
respondent on 5.3.2001 that he is unable to come on bicycle and can
only make board at work shop. Further, the appellant was asked to
carry out installation of a board at Commerce College site. The
appellant replied that he should be given conveyance charges and then
only, he can go to the site. Therefore, the appellant was asked to
give explanation. But, the appellant abandoned the job on 17.4.2001.
The appellant raised an industrial dispute and the Labour Court
granted the relief of reinstatement with 50% backwages. The learned
Single Judge has set aside the award of the Labour Court by recording
a finding that there was enough material on record which indicated
that the appellant had not shown any willingness to work. The
respondent may not be forced to keep a workman who is not willing to
work. The learned Single Judge has awarded Rs.1 lakh to the appellant
by way of compensation which has been paid by cheque by the
respondent to the appellant as directed by the learned Single Judge.
We
do not find any infirmity or illegality in the impugned order passed
by the learned Single Judge. This appeal fails and accordingly it is
dismissed.
Notice
is discharged.
4. In
view of the order passed in the main appeal, the Civil Application
does not survive and it stands disposed of accordingly.
(V.M.Sahai,
J.)
Sreeram. (G.B.Shah,
J.)
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