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SCA/9326/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9326 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
STATE
OF GUJARAT & 1 - Petitioner(s)
Versus
ZAVERBHAI
NODHABHAI BHALIYA - Respondent(s)
=========================================
Appearance :
MR
NEERAJ SONI, AGP for
Petitioner(s) : 1 - 2.
RULE SERVED for Respondent(s) : 1,
MR
HEMANT J GOHETIYA for Respondent(s) : 1,
MRRDKINARIWALA for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/10/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 227 of the Constitution of India,
the petitioners have prayed for an appropriate writ, order or
direction quashing and setting aside the impugned judgement and award
dated 10/12/2009 passed by Labour Court, Bhavnagar in Reference (LCB)
No. 151/2005, by which the Labour Court has partly allowed the said
Reference by directing the petitioners to reinstate the respondent
with 20% backwages and with continuity in-service.
2. After
the matter was argued by learned advocates appearing on behalf of the
respective parties and considering the fact that the
respondent-workman was serving as Daily Wager and considering the
fact that the dispute was raised after a period of four years and
considering the recent decision of the Hon’ble Supreme Court rendered
in the case of Senior Superintendent Telegraph (Traffic), Bhopal,
Vs. Santosh Kumar Seal and others, reported in (2010) 6 SCC
773, there is a broad consensus between the learned advocates
appearing on behalf of the respective parties that the impugned
judgement and award dated 10/12/2009 passed by the Labour Court,
Bhavnagar be modified to the extent that in lieu of reinstatement and
backwages, the respondent can be paid lumpsum compensation of
Rs.50,000/-, they do not invite any further reasoned order.
3. In
view of the above broad consensus between the learned advocates
appearing on behalf of the respective parties and even otherwise
considering the facts and circumstances of the case as narrated
hereinabove that the respondent was working as daily wager only and
he raised the industrial dispute after a period of four years and
considering the recent decision of the Hon’ble Supreme Court in the
case of Santosh Kumar Seal and others (supra), the impugned
judgement and award dated 10/12/2009 passed by Labour Court,
Bhavnagar in Reference (LCB) No. 151/2005 is hereby modified to the
extent that in lieu of reinstatement and 20% backwages with
continuity in service, the respondent shall be paid lumpsum
compensation, which is quantified at Rs.50,000/-, to be paid by the
petitioners to the respondent- workman by Account Payee Cheque within
a period of three months from today. Rule is made absolute to the
aforesaid extent. No costs.
(M.R.SHAH,J)
siji
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