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SCA/7510/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7510 of 2010
=========================================================
SHRI
MAQBUL HUSSAIN NAZIRHUSSAIN - Petitioner(s)
Versus
THE
PORT OFFICER & 1 - Respondent(s)
=========================================================
Appearance :
MR
AG VYAS for
Petitioner(s) : 1,MR. MAHESH C VORA for Petitioner(s) : 1,
NOTICE
SERVED for Respondent(s) : 1 - 2.
MS SEJAL K MANDAVIA for
Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 12/08/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed to quash and set
aside the judgment and award passed by the Labour Court, Amreli in
Reference (LCA) No.6/2001 dated 01.01.2010, whereby, an amount of
Rs.50,000/- was awarded as compensation to the petitioner in lieu of
reinstatement and back wages.
2. The
facts in brief are that the petitioner had raised an industrial
dispute against the action of the respondent-Board of terminating his
services, which was referred to the Labour Court, Amreli for
adjudication. The same was numbered as Reference (LCA) No.6/2001.
After considering the facts of the case and evidence on record, the
Labour Court awarded an amount of Rs.50,000/- as compensation to the
petitioner in lieu of reinstatement and back wages. Being aggrieved
by the same, the petitioner has preferred the present petition.
3. Heard
learned counsel for the respective parties and perused the documents
on record.
4. Today,
when the matter was taken up for hearing, Ms. Sejal Mandavia, learned
counsel appearing on behalf of the respondent-Board, submitted a copy
of the Undertaking dated 23.03.2010 executed by the petitioner
herein, which is taken on record. Having perused the said
Undertaking, it transpires that the petitioner has received payment
of the amount, as directed by the Labour Court, on 23.03.2010. In the
said Undertaking, the petitioner has categorically stated that having
accepted the said amount of Rs.50,000/-, there does not remain any
grievance against the respondent-Board and that he would not file any
litigation before any Court of Law in the subject matter in future.
5. Now,
when the petitioner has accepted the amount, as awarded by the Labour
Court, without any objection on 23.03.2010, for which he has also
executed an Undertaking in writing, it is not open to him to
challenge the award subsequently. Further, the petitioner has not
disclosed the fact regarding acceptance of the said amount of
Rs.50,000/- in this petition. Thus, the present petition deserves to
be rejected on two counts, firstly, he has filed the present
petition, after having accepted the amount as awarded by the Labour
Court and for which he had executed a written Undertaking to the
effect that he does not have any grievance against the
respondent-Board and also that he would not file any litigation
before any Court of Law in the subject matter in future,; and
secondly, for suppression of the fact regarding acceptance of the
said amount of Rs.50,000/- in the present petition.
6. For
the foregoing reasons, the petition is dismissed with a cost of
Rs.500/- [Rupees Five hundred only] to be paid to the
respondent-Board. Notice is discharged.
[K.
S. JHAVERI, J.]
Pravin/*
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