NEUTRAL CITATION
C/LPA/279/2023 ORDER DATED: 10/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 279 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 11627 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 279 of 2023
With
R/LETTERS PATENT APPEAL NO. 801 of 2023
In
SPECIAL CIVIL APPLICATION NO. 16583 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 801 of 2023
In
SPECIAL CIVIL APPLICATION NO. 16583 of 2017
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VIVEK AMRITLAL JAIN
Versus
INDIAN RAYON AND INDUSTRIES LIMITED
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Appearance:
MR YOGEN N PANDYA(5766) for the Appellant(s) No. 1
for the Respondent(s) No. 2
KHUSHBU D CHHAYA(8093) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 10/08/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) Heard learned advocate Mr. Yogen Pandya for the appellant and learned advocate Ms. Khusbu Chhaya for respondent no.1.
2. After consideration of the matter on merits, Page 1 of 3 Downloaded on : Sun Sep 17 00:58:41 IST 2023 NEUTRAL CITATION C/LPA/279/2023 ORDER DATED: 10/08/2023 undefined during the course of argument, a proposal was given by the learned advocate on behalf of the respondent- employer to offer more compensation than that has been awarded by the learned Single Judge, as noted in the order dated 01.08.2023, an offer today has come from the respondent-employer.
3. Learned advocate Ms. Khusbhu Chhaya, appearing for the respondent employer, upon instructions, submits that the respondent-employer is ready to offer amount of Rs.9 Lakhs as full and final settlement towards all claims of the workman in order to bring the dispute to its logical conclusion.
4. This offer given by the learned counsel for the employer has been accepted by learned advocate Mr. Yogen Pandya, appearing for the workman.
5. For the aforesaid, while modifying the judgment and order dated 10.10.2022 passed by the learned Single Judge, we provide that an amount of Rs. 9 Lakhs towards full and final payment shall be made to the workman as compensation in lieu of reinstatement, of long services rendered by the workman. Such payment shall be made on or before 1st week of November 2023.
6. In view of the above, both the appeals are disposed of.
7. It is clarified that this order has been passed Page 2 of 3 Downloaded on : Sun Sep 17 00:58:41 IST 2023 NEUTRAL CITATION C/LPA/279/2023 ORDER DATED: 10/08/2023 undefined in the facts and circumstances of the instant case and will not be treated as precedent in any other matters.
Connected Civil Applications, in both the appeals, also stand disposed of.
(SUNITA AGARWAL, CJ ) (N.V.ANJARIA, J) BIJOY B. PILLAI Page 3 of 3 Downloaded on : Sun Sep 17 00:58:41 IST 2023