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SA/76/2003 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 76 of 2003
=========================================================
GUJARAT
AGRICULTURAL UNIVERSITY & 2 - Appellant(s)
Versus
VAJUBHAI
L HINGRAJIYA - Defendant(s)
=========================================================
Appearance
:
MR
DG CHAUHAN for
Appellant(s) : 1 - 3.
MR IS SUPEHIA for Defendant(s) :
1,
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 14/10/2010
ORAL
ORDER
This
appeal is directed against judgment of the lower Appellate Court
rendered by the learned 3rd Extra Assistant Judge,
Rajkot, on 10.04.2004, in Regular Civil Appeal No.37 of 1993,
whereby the judgment and decree passed by the Trial Court on
09.03.1993 in Regular Civil Suit No.541 of 1987 in favour of the
present appellants (original defendants) was set aside and the
appellants were ordered to reinstate the original plaintiff
(respondent herein) with full backwages till the date of
reinstatement, from the date of termination.
The
appeal had been admitted in terms of the following substantial
questions of law, by order dated 06.12.2004:
a)
Whether the Civil Court has jurisdiction to entertain the Suit
against the termination of service which is covered under the
provisions of Industrial Disputes Act, 1947?
b) Whether the Suit for enforcement of Personal Service Contract is maintainable under the provisions of Civil Procedure Code?
c) Whether the probationer has a right to hold the post?
d) Whether the services of the probationer can be terminated during the probationary period on the ground of unsatisfactory work / unsuitability?
e) Whether the Civil Court can go beyond the terms of appointment order?
f) Whether an order of termination (Ex.64) is an order of termination simpliciter or passed by way of punishment, i.e. punitive or stigmatic?
g) Whether principles of natural justice is required to be followed in case of termination of services of the probationer during the probation period on the ground of unsuitability?
h) Whether Departmental Enquiry is required to be held in case of termination simpliciter of a probationer during probation period on the ground of unsatisfactory work?
i) Whether Civil Court has jurisdiction to grant the relief of reinstatement with all the back wages and continuity of service?
When
the appeal is taken up for hearing today, it is submitted by
Mr.D.G.Chauhan, learned counsel for the appellants as well as by
Mr.I.S.Supehia, learned counsel for the respondent, that the parties
have arrived at a settlement out of Court and have drawn up the
Terms of Settlement dated 27.09.2010. It is jointly submitted by the
learned counsel for the respective parties that the appeal may be
disposed of in terms of the Settlement arrived at between the
parties and the decree passed by the learned lower Appellate Court
be modified accordingly. The Terms of Settlement dated 27.09.2010
are as follows:
TERMS
OF SETTLEMENT
1. That
the University agreed to treat the services of Shri Vajubhai
L.Hingrajiya – respondent as regular service with effect from
15-7-1985 i.e. after completion of 2 years probation period only for
the purpose of retiral benefits.
2. That
the University agreed to grant all service benefits viz. seniority,
pay scale, leave and other benefits with effect from 24-6-2004.
3. That
the respondent agreed that he will not claim any benefits including
monetary benefits from 14-7-1983 or 15-7-1985 like continuity of
service seniority, pay fixation, leave and other consequential
benefit etc. till the date of reinstatement i.e. upto 24-6-2004. The
respondent further agreed to forego all back wages till the date of
reinstatement i.e. upto 24-6-2004 from the date of termination as
awarded by judgment and order dated 10-4-2003 by the Learned 3rd
Extra Assistant Judge, Rajkot in Regular Civil Appeal No.37 of 1993.
4. That
the respondent agreed that he would not be entitled for any benefits
prior to 24-6-2004 like seniority, pay fixation, leave and other
service benefits and will not claim in future. Both the parties have
agreed that the entire period of 17 years 5 months’ absence period
would be treated as notional continuity for the purpose of retiral
benefits.
In
view of the above settlement the University agrees to withdraw the
Second Appeal No.76 of 2003 pending before this Hon’ble Court. The
respondent agreed that in future he will not claim any monetary
benefits/ seniority and or continuity of services from the
University.
Place:
Junagadh On behalf of the
Date:
27-09-2010 Junagadh Agricultural
University
sd/-
The
Registrar
Junagadh
Agricultural
University
sd/-
Vajubhai L.Hingrajiya
The Respondent
The
said Terms of Settlement are taken on the record of the case. The
Settlement bears the signatures of the Registrar, Junagadh
Agricultural University (appellant No.1) and Shri Vajubhai
L.Hingrajiya (respondent).
As
there is consensus between the learned counsel for the respective
parties regarding disposal of the appeal in terms of the above
“Terms of Settlement” and it is jointly prayed that the
decree passed by the lower Appellate Court may be modified
accordingly, the following order is passed:
The
judgment and decree dated 10.04.2003 passed by the learned 3rd
Extra Assistant Judge at Rajkot in Regular Civil Appeal No.37 of
1993, shall stand modified in terms of the Settlement arrived at
between the parties, as per Terms of Settlement reproduced
hereinabove.
In
view of the above, no further order is now required to be passed.
The appeal is disposed of, accordingly. There shall be no orders as
to costs.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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