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SCA/604/2002 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 604 of 2002
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 ?
=========================================
SWAMI
RAMANAND SARASWATI T.B. CLINIC AND GENRAL HOSPITAL - Petitioner(s)
Versus
SAVITABEN
CHUNILAL DARJI - Respondent(s)
=========================================
Appearance :
MR
RC JANI for
Petitioner(s) : 1,
MR PH PATHAK for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/09/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 227 of the Constitution of India,
the petitioner-Charitable Institution has prayed for an appropriate
writ, direction and order quashing and setting aside the impugned
judgment award dated 4.7.2001 passed by the Presiding Officer, Labour
Court, Kalol passed in Reference (LCK) No.82 of 1987 by which the
Labour Court has partly allowed the said reference by directing the
petitioner to reinstate the respondent to her original with 50% back
wages but with continuity of service.
2. Considering
the fact that litigation is pending since 1987 and considering the
fact that even the concerned workman had already reached the age of
superannuation (60 years) in the year 2002 and to put an end the
litigation, there is a broad consensus between the learned advocates
for the respective parties that instead of reinstatement with 50%
back wages and with continuity of service, respondent be paid
lump-sum monetary compensation of Rs.10,000/- and it is suggested by
the learned advocates for the respective parties that aforesaid would
meet the ends of justice. Learned advocates for the respective
parties have requested to modified the impugned judgment and award
passed by the Labour Court in Reference (LCK) No.82 of 1987.
3. In
view of the broad consensus between the learned advocates for the
respective parties, petition succeed in part and impugned judgment
award dated 4.7.2001 passed by the Presiding Officer, Labour Court,
Kalol passed in Reference (LCK) No.82 of 1987 is hereby quashed and
set aside so far as reinstatement with 50% back wages and continuity
of service is concerned and is further modified to the extent that
respondent be paid a total sum of Rs.10,000/- by way of monetary
compensation by the petitioner in lieu of reinstatement and back
wages. The aforesaid shall be paid by the petitioner by Account Payee
Cheque within a period of six weeks from today. Rule is made absolute
to the aforesaid extent. No costs.
(M.R.SHAH,J.)
kaushik
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