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CA/13349/2009 3/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 13349 of 2009
In
SPECIAL
CIVIL APPLICATION No. 6807 of 2002
With
SPECIAL
CIVIL APPLICATION No. 6807 of 2002
=========================================================
VAGHAJIBHAI
RABARI - Petitioner(s)
Versus
GUJARAT
HORTICULTURE NURSERY - Respondent(s)
=========================================================
Appearance
:
MR
ASIT B JOSHI for
Petitioner(s) : 1,
MR KM PATEL for Respondent(s) : 1,
MR JIGAR
M PATEL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 08/04/2010
ORAL
ORDER
Heard
learned Advocate Mr.Jigar M. Patel for petitioner Gujarat
Horticulture Nursery and learned Advocate Mr. AB Joshi for original
respondent workman Vaghajibhai Okhabhai Rabari.
Original
petitioner has challenged award made by labour court, Ahmedabad in
Reference NO. 33 of 1991 dated 20.8.2001 wherein labour court has
partly allowed reference with a direction to petitioner to reinstate
respondent workman in service with 50 per cent back wages for
interim period with continuity of service.
In
petition, initially, notice was issued to petitioner and
subsequently on 10.11.2003, rule was issued by this court. Pending
petition, subject to compliance with section 17B of ID Act, 1947, it
was directed that there shall be ad interim stay in terms of
paragraph 6(B) of ID Act, 1947. Thus, by way of an ad interim relief
granted by this court, implementation of award was stayed by this
court subject to compliance of section 17Bof ID Act, 1947.
According
to workman, he was appointed in April, 1986 as watchman and remained
in service upto 13th June, 1990 and thereafter, his
service was terminated, therefore, he raised an industrial dispute
which was referred to labour court for adjudication. Labour Court
Ahmedabad has come to conclusion that at the time of terminating
service of respondent workman, section 25F of ID Act, 1947 has not
been complied with by petitioner and workman has not left job at his
own and, therefore, order of termination has been set aside by
labour court. Considering gainful employment to some extent and not
made sincere efforts for getting job, labour court granted only 50
per cent back wages for interim period while keeping in mind fact
that there are six family members, out of them, two are daughters
and one son, doing miscellaneous work in one bungalow.
Civil
Application No. 13349 of 2009 is filed by respondent workman with a
prayer to grant last drawn wages to respondent workman with effect
from date of award against which counter has not been filed by
petitioner. In Civil Application, respondent workman has made
specific averment that he is unemployed, not gainfully employed, in
paragraph 5 and also filed affidavit to that effect dated
15.12.2009 annexure B page 8.
Today,
when civil application was taken up for hearing, it is jointly
submitted by learned Advocates for both parties that the parties to
this petition have arrived at amicable settlement in respect to main
special civil application No. 6807 of 2002. According to terms of
settlement, petitioner establishment is prepared to reinstate
respondent workman in service with continuity of service and as
against claim for 50 per cent back wages for interim period from
date of termination till date of award and claim for 17B wages from
date of award till date of reinstatement, petitioner is prepared to
pay lumsum amount of Rs.50,000.00 (Rupees fifty thousand only) to
respondent workman. These terms of settlement have been explained by
learned Advocate Mr. Joshi to respondent workman Shri Vaghajibhai
Okhabhai Rabari who is present before this Court and he has accepted
the same in full and final settlement of award made by labour court,
Ahmedabad.
Therefore,
in light of this discussion and amicable settlement arrived at
between the parties, as aforesaid, it is directed to petitioner to
reinstate respondent workman Shri Vaghajibhai Okhabhai Rabari in
service with continuity of service within period of one week from
date of receipt of copy of this order. It is directed to petitioner
to pay current daily wages to respondent workman from the date of
his reinstatement.
In
lieu of the claim for 50 per cent back wages as awarded by labour
court for interim period from date of termination of service of
respondent workman till date of award as well as the claim for
benefit under section 17-B of ID Act from date of award till
8.4.2010, it is directed to petitioner to pay lumsum amount of
Rs.50,000.00 (Rupees fifty thousand only) to respondent workman
Vaghajibhai Okhabhai Rabari by way of an account payee cheque drawn
in favour said respondent workman, after proper verification, within
four weeks from date of receipt of copy of this order.
Accordingly,
award passed by labour court, Ahmedabad in Reference No. 33 of 1991
dated 20.8.2001 is modified and rule is made absolute accordingly in
aforesaid terms with no order as to costs.
Therefore,
as a consequence of this settlement arrived at between the parties,
now, respondent workman shall have to withdraw two proceedings filed
by him against present petitioner namely Payment of Wages
Application NO. 38 of 2006 and 25 of 2002 and he shall have to
withdraw any other application, if any, filed by him against present
petitioner for implementing award made by labour court. Said two
applications and any other proceedings filed by the respondent
workman are required to be withdrawn by respondent workman within
period of fifteen days from date of receiving copy of this order and
copy of withdrawal is to be given by respondent workman to
petitioner. It is made clear that the aforesaid order has been
passed by this court modifying award by labour court, against all
rights of respondent workman arising from award passed by labour
court and therefore, that has to be considered as full and final
satisfaction of award. Parties to this proceeding are directed to
abide by the settlement arrived at between them, as recorded by this
court.
In
view of the aforesaid order passed by this Court in main special
civil application, civil application No. 13349 of 2009 also stands
disposed of with no order as to costs.
(H.K.
Rathod,J.)
Vyas
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