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MCA/1966/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1966 of 2008
In
SPECIAL CIVIL APPLICATION No. 1649 of 2001
With
MISC.CIVIL
APPLICATION No. 1967 of 2008
In
SPECIAL CIVIL APPLICATION No. 13532 of 2000
=====================================================
MALKAN
MANSUKHLAL - Applicant(s)
Versus
A.K.
THINGARAN - GENERAL MANAGER (E) & 2 - Opponent(s)
=====================================================
Appearance :
MR
DP VORA for Applicant(s) : 1,
MR MUKESH A PATEL for Opponent(s) :
1,
Opponent(s) : 2 - 3
SERVED.
=====================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 01/12/2008
COMMON
ORAL ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
These
Applications under the Contempt of Courts Act, 1971 have been taken
out by the workmen. It is the complaint of the workmen that the
directions issued by this Court (Coram: R.S.Garg, J.) on 10th
July, 2007 in Special Civil Applications No. 1649/2001 and 13523/2000
have not been complied with by the opponent Western Railway.
It
appears that by award dated 28th June, 1999 made in
Reference (ITC) Nos.4/1993 and 6/1993, the Industrial Tribunal,
Ahmedabad had ordered the Western Railway to reinstate the workmen in
service but had refused the backwages. Feeling aggrieved, the workmen
preferred the above referred Special Civil Applications Nos.1649/2001
and 13532/2000.
By
order dated 10th July, 2007, the learned Judge directed
that, …Maintaining the award of reinstatement, I set aside
the direction in relation to non-grant of the back-wages, but, hereby
direct that each of the petitioners would be entitled to 50% of
back-wages with effect from 28th December, 1992 upto the
date of the award. It is the
complaint of the applicants that though the applicants were required
to be reinstated in service with effect from 1986 they were
reinstated in service with effect from 1999 and their pay fixation
has been made accordingly. The amount of backwages paid to the
applicants is thus not in consonance with the aforesaid directions
issued on 10th July, 2007.
The
Applications are contested by Mr.Patel. He has submitted that all
that the Court directed was reinstatement in service and payment of
backwages since the year 1992. The workmen were not given the benefit
of continuity in service. In compliance with the award passed by the
Tribunal, the workmen have been reinstated in service in the year
1999 and as directed by this Court, the workmen have been paid the
backwages.
It
appears that while allowing the claim of the workmen neither the
Tribunal below nor this Court had granted the benefit of continuity
in service. The question of pay fixation was not the subject matter
before the Court. If at all the applicants are aggrieved by the pay
fixation made on their reinstatement in service, it is a separate
cause of action. The opponent Western Railway has substantially
complied with the directions issued by the Tribunal below and by this
Court.
No
case for initiation of contempt proceedings has been made out. The
Applications are rejected. Notice is discharged.
Registry
will maintain copy of this order in each Application.
(K.M.Thaker,
J.) (Ms.R.M.Doshit, J.)
/moin
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