Jethalal Karabhai Hun vs Chief Officer, Bhanwad Nagar ...
2021 Latest Caselaw 917 Guj

          C/SCA/15959/2020                                         ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 15959 of 2020
                                With
            R/SPECIAL CIVIL APPLICATION NO. 15960 of 2020
                                With
            R/SPECIAL CIVIL APPLICATION NO. 15962 of 2020
                                With
            R/SPECIAL CIVIL APPLICATION NO. 15964 of 2020
                                With
            R/SPECIAL CIVIL APPLICATION NO. 15965 of 2020
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                       JETHALAL KARABHAI HUN
                                Versus
                CHIEF OFFICER, BHANWAD NAGAR PALIKA
==========================================================
Appearance:
JEET Y RAJYAGURU(8039) for the Petitioner(s) No. 1
 for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                Date : 20/01/2021

                                    ORAL ORDER

Heard Mr. Jeet Y. Rajyaguru, learned advocate for the petitioner in all these petitions.

Mr. Jeet Y. Rajyaguru, learned advocate submits that while awarding lump sum compensation in lieu of reinstatement and back wages, the learned Presiding Officer, Labour Court, Jamnagar has not considered the ratio laid down by the Hon'ble the Supreme Court in case of Tapash Kumar Paul vs. Bharat Sanchar Nigam Limited and another reported in (2014) 15 SCC 313 whereby in para-4 of the judgment, the Hon'ble Supreme Court has laid down the ratio for awarding lump sum compensation for

C/SCA/15959/2020 ORDER

substituting an order of reinstatement.

According to Mr.Jeet Y. Rajyaguru, learned advocate for the petitioners, case of each of the petitioners would not fall within those criteria and, therefore, action of the learned Presiding Officer, Labour Court, Jamnagar of granting lump sum compensation in lieu of reinstatement and back wages is bad in law.

In view above submissions of Mr. Jeet Y. Rajyaguru, learned advocate for the petitioners, Issue Notice to the respondents making it returnable on 22/03/2021.

(NIRZAR S. DESAI,J) ila