NEUTRAL CITATION
C/SCA/15638/2019 ORDER DATED: 10/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15638 of 2019
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MANEGER, GUJARAT INDUSTRIAL RESEARCH AND DEVELOPMENT
AGENCY
Versus
HIMATSINGH BABARBHAI RAJPUT
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Appearance:
SWAPNESHWAR GOUTAM(9051) for the Petitioner(s) No. 1
MR.HIREN M MODI(3732) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 10/11/2023
ORAL ORDER
1. Heard learned advocate Mr. Swapneshwar Goutam for the petitioner and learned advocate Mr. Hiren M. Modi for the respondent.
2. By this petition under Article 227 of the Constitution of India, the petitioner has challenged the Judgment and Award dated 13.12.2018 passed by the Presiding Officer, Labour Court, Vadodara whereby Page 1 of 6 Downloaded on : Fri Nov 10 21:05:17 IST 2023 NEUTRAL CITATION C/SCA/15638/2019 ORDER DATED: 10/11/2023 undefined Labour Court has partly allowed the Reference holding that the action of the petitioner to terminate the services of the respondent workman with effect from 15.06.2012 was illegal. Labour Court further directed the petitioner to reinstate the respondent workman at his original place with continuity along with other consequential benefits of the services.
3. This Court passed the following order on 2.11.2023:
"1. Heard learned advocate Mr.Swapneshwar Goutam for the petitioner and learned advocate Mr.Hiren M. Modi for the respondent.
2. This petition is filed challenging the judgment and award dated 13.12.2018 passed by the Presiding Officer, Labour Court No.1, Vadodara.
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NEUTRAL CITATION C/SCA/15638/2019 ORDER DATED: 10/11/2023 undefined
3. Learned advocate Mr.Swapenshwar Goutam for the petitioner has tendered the calculation of lumpsum payment of Rs.6,00,000/- to be paid to the respondent towards full and final settlement on the basis of the arrears as well as the gratuity and leave encasement. He has further prayed that instead of reinstatement with continuity of service and backwages, the petitioner shall be ready and willing to pay lumpsum amount as may be decided by this Court.
4. Considering the facts of the case as well as the services of the respondent, the petitioner is directed to pay Rs.10,00,000/- as lumpsum payment to the respondent.
5. Learned advocate Mr.Hiren Modi for the respondent, under instructions of the respondent who is present in the Court, submitted that the respondent would be ready and willing to accept the same towards full and final settlement if the amount is paid on or before 10th November, 2023.
6. Learned advocates for both the sides pray for time to place on record the settlement in above terms before the next date of hearing.
7. Stand over to 7th November, Page 3 of 6 Downloaded on : Fri Nov 10 21:05:17 IST 2023 NEUTRAL CITATION C/SCA/15638/2019 ORDER DATED: 10/11/2023 undefined 2023."
4. On 07.11.2023, learned advocate Mr. Swapneshwar Goutam requested for time for compliance of the formalities for payment of Rs. 10,00,000/- as lump-sum payment to respondent workman and the matter was adjourned to today.
5. Today when the matter is taken up for hearing, learned advocate Mr. Goutam has placed on record copies of cheque no.192079 dated 09.11.2023 for Rs.9,00,000/- and cheque no.192095 dated 09.11.2023 for Rs.1,00,000/- both in the name of respondent Himmatbhai B. Rajput in compliance of order dated 02.11.2023. Learned advocate Mr. Goutam submitted that the petitioner shall hand over the copies of the cheques to the respondent workman Page 4 of 6 Downloaded on : Fri Nov 10 21:05:17 IST 2023 NEUTRAL CITATION C/SCA/15638/2019 ORDER DATED: 10/11/2023 undefined during the course of day after proper verification.
6. Learned advocate Mr. Hiren Modi for the respondent workman submitted that the respondent workman is present before the Court and he has accepted the lump-sum payment of Rs. 10,00,000/- in lieu of reinstatement with continuity and all consequential benefits as awarded by the Labour Court.
7. in view of consent given by the respondent workman, the following order is passed:
i) The impugned Judgment and Award passed by the Labour Court, Vadodara is modified and direction for reinstatement of the Page 5 of 6 Downloaded on : Fri Nov 10 21:05:17 IST 2023 NEUTRAL CITATION C/SCA/15638/2019 ORDER DATED: 10/11/2023 undefined respondent workman at his original place with continuity and all consequential benefits is substituted with payment of Rs. 10,00,000/- as lump-sum compensation.
8. The petition is accordingly disposed of. Notice is discharged.
(BHARGAV D. KARIA, J) RAGHUNATH R NAIR Page 6 of 6 Downloaded on : Fri Nov 10 21:05:17 IST 2023