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SCA/24091/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 24091 of 2007
=========================================================
THE
DEPUTY EXECUTIVE ENGINEER - Petitioner(s)
Versus
ARVINDBHAI
AMARSINH MAKWANA - Respondent(s)
=========================================================
Appearance
:
MS
KIRAN PANDEY, AGP for Petitioner(s) : 1,
MR VIMAL A PUROHIT for
Respondent(s) : 1, 1.2.1, 1.2.2,1.2.3
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 28/03/2008
ORAL
ORDER
Heard
learned Assistant Government Pleader Ms.Kiran Pandey on behalf of the
petitioner. Learned advocate Mr.Vimal Purohit is appearing on behalf
of the respondents- legal heirs of the respondents. The Labour Court
has decided the Reference No.43 of 1993 on 4/9/2006 during the
pendency of Reference, the workman died on 2/7/1997. The Labour
Court has come to the conclusion that termination order is bad,
violative of Section 25(F) of the Industrial Disputes Act, 1947.
Therefore,
considering the breach of Section 25(F), termination order is set
aside but reinstatement is not granted because workman has expired on
2/7/1997. The Labour Court has granted 50% back wages till the date
of death of the workman. The learned AGP placed on record the
calculation made by the department from the date of termination till
the date of death. Total amount comes to Rs.69,055.20 and 50%
percent of the amount comes to Rs.34,527.60. Therefore, the round
amount comes to Rs.34,528/-. Learned AGP having instruction from the
Deputy Executive Engineer Mr.K.K.Patel, as the department has
prepared to pay this 50% back wages amount which comes to Rs.34,528/-
to the legal heirs of the workman-present respondent and learned
advocate Mr.Purohit is not disputing the calculation prepared by the
department and he is prepared to accept the said amount on behalf of
respondent as a full and final settlement and without objecting the
calculation placed on record by the department.
Therefore,
in light of this calculation placed on record by the department, the
award passed by the Labour Court is fully implemented by the
department and learned advocate Mr.Purohit is also accepting the
calculation. Therefore, it is directed to distribute equally the
said amount of Rs.34,528/- amongst all the three heirs and pay the
same by account payee cheque in the name of Arvindbhai Amarsing
Makwana, Dilipbhai Amarsing Makwana and Narendrabhai Amarsing
Makwana, within a period of one month from the date of receiving the
copy of said order.
It
is made clear that each legal heir is entitled to equal share of
total amount of Rs.34,528/- and accordingly, the department has to
issue three cheques in the name of each legal heir by account payee
cheuqe who will be identified by learned advocate Mr.Purohit.
In
view of the aforesaid observations and directions, present petition
is disposed of with no order as to costs.
(H.K.RATHOD,
J.)
(ila)
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