Gujarat High Court
Eagle Foam Industries vs Rameshbhai Kalidas Parmar Since Decd. ... on 16 April, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/LPA/106/2025 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 106 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 24921 of 2007
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/LETTERS PATENT APPEAL NO. 106 of 2025
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EAGLE FOAM INDUSTRIES
Versus
RAMESHBHAI KALIDAS PARMAR SINCE DECD. THROUGH HIS LEGAL
HEIRS & ORS.
=============================================
Appearance:
MR DG CHAUHAN(218) for the Appellant(s) No. 1
RONAK D CHAUHAN(7709) for the Appellant(s) No. 1
MR P C CHAUDHARI(5770) for the Respondent(s) No. 1.1,1.2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 16/04/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. ADMIT. Learned advocate Mr. P. C. Chaudhari, appears and waives service of notice of admission on behalf of the respondents (legal heirs of the deceased workman).
2. Learned advocates appearing for the respective parties, at the outset, have submitted that they are ready and willing to settle the matter and appropriate compensation may be fixed.
3. On bare perusal of the judgment passed by the learned Single Judge, which is impugned in the present appeal, we find that the same is bereft of any discussion either on facts or on the submissions advanced by the learned advocates appearing for the respective parties.
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4. The learned Single Judge has straight away awarded the compensation of Rs.7,50,000/- towards full and final settlement without recording the facts of the case, as to under what circumstances, the legal heirs of the deceased workman are ordered to be paid the compensation of Rs.7,50,000/-.
5. Initially, we were inclined to remand the matter to the learned Single Judge, however in order to lay quietus to the litigation between the respective parties and since they have agreed that appropriate compensation may be fixed, we are passing the present order.
6. As per the facts recorded in the award dated 28.02.2006 passed by the Labour Court, Ahmedabad in Reference (LCA) No.1595 of 1994, the deceased - employee has raised an industrial dispute alleging illegal termination of his services. It is noticed by us that as per his statement of claim at Exh.5, he has asserted that he was serving as a Helper since 7 years and he was appointed on a daily wages of Rs.33/-. It is submitted that thereafter on 23.02.1994, he was illegally terminated without issuing any notice or retrenchment compensation and hence, he was constrained to issue notice to the Union on 25.02.1994, which ultimately culminated into the reference proceedings. It is recorded by the Labour Court that the appellant - Industry, at Exh.18 - the written statement, has admitted that the respondent i.e. the deceased employee was its workman and he was in habit of leaving the work and thereafter, since he did not report for his duty, he was orally informed on 23.02.1994 to report for duty, however since he did not do so, there was no question of reinstating him in Page 2 of 4 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Thu Apr 17 2025 Downloaded on : Thu Apr 17 22:46:58 IST 2025 NEUTRAL CITATION C/LPA/106/2025 ORDER DATED: 16/04/2025 undefined service.
7. The Labour Court, accordingly, framed the issues and ultimately held that the termination was illegal and it cannot be said that the respondent has abandoned the service.
8. Thus, the record reveals that the deceased employee had served for 7 years, as Helper under the appellant- Industry and his termination was illegal, as no notice or retrenchment compensation was issued/ paid before he was treated to have abandoned the service.
9. It is established that no notice was issued to the deceased - employee and ultimately, he has issued a notice to the Union requesting the appellant to reinstate in service.
10. The learned Single Judge, in the writ petition filed by the appellant - Industry challenging the award, has ultimately granted lump-sum compensation of Rs.7,50,000/-to the legal heirs of the deceased employee. It is also recorded that there is no question of reinstatement, as the original workman has passed away.
11. As mentioned hereinabove, the findings of the learned Single Judge are only confined to paragraph No.9 of the judgment dated 07.08.2024 and the same is bereft of the facts. The learned Single Judge has also not taken into consideration the total length of the employment of the respondent workman and also the wages, he was receiving in the year 1993-94. As per his own contention, he was being paid Rs.33/- as a daily wage.
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12. On an overall appreciation of the facts and since both the learned advocates appearing for the respective parties have clarified before us that in order to see that the dispute, between the respective parties, is settled, looking to 7 years service and wages of the deceased employee, the amount of Rs.3,75,000/- towards compensation would be just and proper. Thus, we modify the award and the judgment passed by the learned Single Judge, modifying the compensation of Rs.7,50,000/- to Rs.3,75,000/-. The same shall be paid to the legal heirs of the deceased-employee (the respondents) within a period of three months from the date of receipt of copy of the present order.
13. With these observations and directions, the present writ petition is partly allowed.
14. The connected application would not survive and the same also stands disposed of accordingly.
Sd/-
(A. S. SUPEHIA, J) Sd/-
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