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SCA/3824/2004 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3824 of 2004
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 ?
=========================================
INDIAN
PETROCHEMICALS CORPN. LTD - Petitioner(s)
Versus
GANPATSINH
MANGALSINH JADHAV - Respondent(s)
=========================================
Appearance :
NANAVATI
ASSOCIATES for
Petitioner(s) : 1,
MR RAJESH P MANKAD 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 petitioner-IPCL has prayed for an appropriate writ, order or
direction quashing and setting aside the judgement and award dated
19/12/2003 passed by the learned Presiding Officer, Labour Court,
Vadodara in Reference (L.C.V) No. 391/1997 by which in exercise of
powers under Section 11-A of the Industrial Disputes Act, the Labour
Court has partly allowed the Reference directing the petitioner to
reinstate the respondent without back wages but with continuity of
service.
2. Today,
when the present petition is taken up for final hearing, Shri Keyur
Gandhi, learned advocate appearing on behalf of the petitioner and
Shri Rajesh Mankad, learned advocate appearing on behalf of the
respondent have jointly stated at the bar that the parties have
settled the dispute amicably and it is agreed that the impugned
judgement and award passed by the Labour Court be modified to the
extent that in lieu of reinstatement and wages from the date of the
award till reinstatement and the retirement benefits, the petitioner
to pay total sum of Rs. 5 lakhs to the respondent.
3. In
view of the above, it is requested to dispose of the present Special
Civil Application by modifying the impugned judgement and award to
the aforesaid extent. In view of the above broad consensus and the
settlement arrived at between the parties, the present petition is
allowed in part and the impugned judgement and award passed by the
Labour Court, Vadodara dated 19/12/2003 in Reference (L.C.V.) No.
391/1997 is hereby modified to the extent that in lieu of
reinstatement and continuity of service and wages from the date of
award till reinstatement and the retirement benefits, as full and
final settlement of the claim of the respondent against the
petitioner, the petitioner to pay a total sum of Rs. 5 lakhs to the
respondent-workman to be paid by an account payee cheque within a
period of two weeks from today. Rule is made absolute to the
aforesaid extent. No cost.
(M.R.
SHAH, J.)
siji
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