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LPA/1046/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1046 of 2011
IN
SPECIAL
CIVIL APPLICATION No. 15532 of 2010
WITH
CIVIL
APPLICATION No. 7748 of 2011
IN
LETTERS
PATENT APPEAL No. 1046 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI Sd/-
HONOURABLE
MR.JUSTICE G.B.SHAH
Sd/-
======================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2.
To
be referred to the Reporter or not ?
NO
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
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 ?
NO
5.
Whether
it is to be circulated to the civil judge ?
NO
======================================
DHOLKA
MUNICIPALITY - Appellant
Versus
SUSHIULABEN
MOHANBHAI BARAIYA - Respondent
======================================
Appearance
:
MR
PREMAL R JOSHI for Appellant.
None for
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 21/07/2011
ORAL JUDGMENT
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
We
have heard Mr. Premal R. Joshi, learned counsel for the appellant.
This
Intra-Court appeal has been filed challenging the order dated
03.03.2011 passed by the learned Single Judge in Special Civil
Application No.15532 of 2010. The Labour Court has awarded Rs.1 Lac
as compensation for not reinstating the respondent workman and for
not paying any back wages and the Labour Court has also deprived the
workman from future employment.
Before
the learned Single Judge, it was urged that the compensation is
excessive and it may be reduced. The learned Single Judge has
reduced the amount from Rs.1 Lacs to Rs.74,000/-. In this appeal,
the learned counsel for the appellant has urged that the amount of
Rs.74,000/- be further reduced to Rs.50,000/-.
We
are not inclined to accept the submission of learned counsel for the
appellant as the learned Single Judge has already granted
substantial relief to the appellant.
Since
the time to deposit the amount in pursuance of the order of the
learned Single Judge dated 03.03.2011 has expired, therefore,
interest of justice demands that it may be extended by another
period of two months. The time to deposit the amount as per the
order of the learned Single Judge is extended for a period of two
months from today.
Subject
to the aforesaid modification, this appeal is devoid of any merits
and it is accordingly dismissed.
In
view of dismissal of appeal, Civil Application does not survive and
it is accordingly dismissed.
Sd/-
[V. M. SAHAI, J.]
Sd/-
[G. B. SHAH, J.]
Savariya
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