Satish Mugatlal Shah vs Dalal Consultants And Engineers ...

     C/SCA/7639/2018                               ORDER DATED: 22/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7639 of 2018

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                      SATISH MUGATLAL SHAH
                              Versus
             DALAL CONSULTANTS AND ENGINEERS PVT LTD
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Appearance:
MR DHAVAL N VAKIL(3556) for the Petitioner(s) No. 1
MR MP PRAJAPATI(677) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                             Date : 22/02/2023

                               ORAL ORDER

1. The present Special Civil Application is filed praying for the following reliefs:-

"(A) The Hon'ble Court may be pleased to issue an appropriate writ and/or order and/or direction to quash and set aside the order dated 28/08/17 passed by the Ld. Presiding Officer, Labour Court No.2 at Ahmedabad in Review Application No.14 of 2015 (Annexure-A).

(B) The Hon'ble Court may kindly be pleased to stay the implementation, execution and operation of the order dated 28/08/17 passed by the Ld. Presiding Officer, Labour Court No.2 at Ahmedabad in Review Application No.14 of 2015 (Annexure-A) and further be pleased to direct the respondent to deposit the awarded amount as per the Judgment and order dated 19-7-2007 passed by the Ld. Labour Court in Reference (LCA) No.1623 of 1990 to this Hon'ble Court during pendency and final disposal of this petition.

(C) Ad-interim relief/s in terms of para 8(B) may kindly be granted.

C/SCA/7639/2018 ORDER DATED: 22/02/2023 (D) Any other and further relief (s) that is just, fit and expedient in the facts and circumstances of the case may be granted."

2. The factual matrix in the present case is that the petitioner was employed as Typist-cum-Clerk on 01.07.1979 on probation by the respondent and his services came to be confirmed on 15.01.1980. Thereafter, on 22.08.1989, the petitioner was re- designated as Assistant Administrative Officer. From 04.12.1989, the services of the petitioner came to be terminated with immediate effect. Aggrieved, the petitioner filed an application before the Assistant Labour Commissioner raising a dispute in the year 1990. By letter dated 16.08.1990, the Assistant Labour Commissioner made a reference to Labour Court, Ahmedabad.

2.1 On 16.11.1990, the petitioner submitted a statement of claim in Reference (LCA) No.1623 of 1990. The respondent also entered the appearance and contested the claim. By judgment and award dated 19.07.2007, learned Labour Court, Ahmedabad passed an ex-parte order partially in favour of the petitioner. By the said order, the petitioner was ordered to be reinstated on his original post with 40% back wages.

2.2 That thereafter, the respondent filed an application for restoration under Rule 26A of the Industrial Dispute (Gujarat) Rules, which came to be dismissed by the learned Labour Court. The respondent preferred a review application before learned Labour Court, Ahmedabad. By order dated 28.08.2017, the Presiding Officer, Labour Court, Ahmedabad granted Review Application No.14 of 2015 preferred by the respondent.

2.3 Aggrieved, the petitioner has preferred the present Special Civil Application against the impugned order dated 28.08.2017 passed in Review Application No.14 of 2015.

C/SCA/7639/2018 ORDER DATED: 22/02/2023

3. It is submitted by learned advocate Mr. Dhaval Vakil appearing on behalf of the petitioner that the petitioner has since attained the age of superannuation and therefore, the issue with respect to reinstatement in service has become infructuous with the passage of time. He submits that as on date, the petitioner is entitled to 40% back wages and full salary from the date of award till his superannuation along with interest thereon. He further submits that the petitioner is aged around 70 years. He submits that due to pendency of the present Special Civil Application, other benefits including the provident fund as per judgment and order dated 19.07.2007 are yet to be granted. He therefore submits that the present Special Civil Application be allowed and the respondent be directed to pay the dues along with interest thereon.

4. Learned advocate Mr. M. P. Prajapati appearing on behalf of the respondent submits that the original company was taken over by the respondent Mott MacDonald Pvt. Ltd. He further submits that the respondent company has decided to take a sympathetic view in the facts and circumstances of the present case in view of the fact that the petitioner is suffering from cancer. He therefore submits that in the facts and circumstances of the present case, appropriate orders may be passed to put a quietus to the present lis.

5. It is not in dispute that the total amount due and payable to the petitioner till his superannuation in terms of judgment and order dated 19.07.2007 in Reference (LCA) No. 1623 of 1990 is Rs.3,23,221/-. In view of the aforesaid submissions and observations and without going into the merits of the case, it is directed that the Respondent Company shall pay Rs.3,23,221/- along with 6% interest per annum from the date of the award till Page 3 of 4 Downloaded on : Fri Feb 24 20:43:53 IST 2023 C/SCA/7639/2018 ORDER DATED: 22/02/2023 the date of actual payment of the said amount to the petitioner by RTGS or account payee cheque within a period of four weeks from today. It is further directed that all the formalities/paper work for grant of other benefits like provident fund etc. to the petitioner shall also be completed on or before 31.03.2023.

6. Learned advocates for the parties submit that both parties will extend the full cooperation to each other to complete the procedure for availing the benefits at the earliest.

7. The Special Civil Application is disposed of accordingly. No order as to costs.

(ANIRUDDHA P. MAYEE, J.) cmk Page 4 of 4 Downloaded on : Fri Feb 24 20:43:53 IST 2023