NEUTRAL CITATION
C/LPA/1319/2023 JUDGMENT DATED: 01/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1319 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 8185 of 2013
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 1319 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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1 Whether Reporters of Local Papers may be allowed to NO
see the judgment ?
2 To be referred to the Reporter or not ? NO
3 Whether their Lordships wish to see the fair copy of the NO
judgment ?
4 Whether this case involves a substantial question of law NO
as to the interpretation of the Constitution of India or
any order made thereunder ?
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BOTAD NAGARPALIKA
Versus
RAJABSHA AKBARSHA ZANPADIA
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Appearance:
HARSHESH R KAKKAD(7813) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 01/11/2023
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Page 1 of 4 Downloaded on : Tue Nov 07 20:32:55 IST 2023 NEUTRAL CITATION C/LPA/1319/2023 JUDGMENT DATED: 01/11/2023 undefined Heard learned advocate Mr. Harshesh R. Kakkad for the appellant- Nagarpalika and learned advocate Mr. D.G. Shukla for the respondent-workman.
2. Preferred by the Nagarpalika, this Letters Patent Appeal arises out of common judgment and order dated 13.09.2022 of learned Single Judge in so far as the decision relates to Special Civil Application No. 8185 of 2013. Learned Single Judge directed Municipality to pay lump sum compensation of Rs.3 Lakhs to the legal heirs of the deceased employee who died on 22.04.2016. The death occurred after the deliverance of the award by Industrial Tribunal.
3. The Reference (IT) No.26 of 1998 of the respondent workman, came to be rejected by the Industrial Tribunal by judgment and order dated 04.10.2011. The respondent workman was a wireman under first party employer. The workman filed the statement of claim (Exh.6) and sought relief for regularization from the date of entry in service and to extend the resultant service benefits.
4. It was the case that though he was discharging the duties of a permanent nature, he was kept in service as daily-rated employee by paying the minimum wages and that thereby the employer deprived the workman of permanency by indulging into unfair labour practice. Page 2 of 4 Downloaded on : Tue Nov 07 20:32:55 IST 2023
NEUTRAL CITATION C/LPA/1319/2023 JUDGMENT DATED: 01/11/2023 undefined The first party employer filed its reply ( Exh.9) to take a stand that the employee was a daily rated workman and was employed depending upon the availability of work. It was contended that he was not a regularly selected employee, not entitled to regularization. 4.1 The reference came to be rejected by the Industrial Tribunal observing inter alia that the workman had entered into service on 08.06.1996 and on 02.08.1997, he obtained ex parte interim stay against the employer and continued in service. It was this aspect which weighed with the Industrial Tribunal to dismiss the reference during the pendency of the petition, the workman died.
5. Reckoned from the date of entry in service, the workman, in any case, continued to serve the first party employer- theMunicipality for more than 20 years. As stated above, he died on 22.04.2016 after the order of the Industrial Tribunal and before the judgment and order of learned Single Judge.
5.1 Learned Single Judge in paragraph 4.5 of the order noticed the sanction set up of the Municipality to come to conclusion in paragraph 10 that total 59 posts were vacant and at least 7 posts of peon were vacant.
5.2 Though the findings were recorded in favour of the workman, Page 3 of 4 Downloaded on : Tue Nov 07 20:32:55 IST 2023 NEUTRAL CITATION C/LPA/1319/2023 JUDGMENT DATED: 01/11/2023 undefined there was no question of reinstating him as he had died. Taking note of the aspect that the workman died after rendering long services, and taking into account the overall circumstances, Rs.3 Lakhs was awarded to the legal heirs towards lump sum compensation.
6. The length of service, the nature of post, the status of workman and time which has elapsed till granting of relief are relevant factors, on the basis of which the court may advert to grant relief of payment of lump sum compensation in lieu of the relief of reinstatement. Noticing facts and relevant factors applied, the court does not find any error on part of the learned Single Judge to pay to the heirs of the deceased workman the amount of Rs.3 Lakhs towards compensation.
7. The appeal lacks merit since no error can be booked in the judgment and order of learned Single Judge. The Letters Patent Appeal is dismissed.
As the appeal is dismissed, the Civil Application will not survive.
(N.V.ANJARIA, J) (NISHA M. THAKORE,J) SUYASH SRIVASTAVA Page 4 of 4 Downloaded on : Tue Nov 07 20:32:55 IST 2023