Vivek Amritlal Jain vs Indian Rayon And Industries ...
2023 Latest Caselaw 5874 Guj

                                                                                     NEUTRAL CITATION




       C/LPA/279/2023                                 ORDER DATED: 10/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO.            279 of 2023

       In R/SPECIAL CIVIL APPLICATION NO. 11627 of 2017
                              With
         CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
           In R/LETTERS PATENT APPEAL NO. 279 of 2023
                              With
            R/LETTERS PATENT APPEAL NO. 801 of 2023
                                In
         SPECIAL CIVIL APPLICATION NO. 16583 of 2017
                              With
         CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
           In R/LETTERS PATENT APPEAL NO. 801 of 2023
                                In
         SPECIAL CIVIL APPLICATION NO. 16583 of 2017
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                          VIVEK AMRITLAL JAIN
                                 Versus
                  INDIAN RAYON AND INDUSTRIES LIMITED
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Appearance:
MR YOGEN N PANDYA(5766) for the Appellant(s) No. 1
 for the Respondent(s) No. 2
KHUSHBU D CHHAYA(8093) for the Respondent(s) No. 1
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     CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
           AGARWAL
           and
           HONOURABLE MR. JUSTICE N.V.ANJARIA

                            Date : 10/08/2023

                                ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

Heard learned advocate Mr. Yogen Pandya for the appellant and learned advocate Ms. Khusbu Chhaya for respondent no.1.

2. After consideration of the matter on merits,

NEUTRAL CITATION

C/LPA/279/2023 ORDER DATED: 10/08/2023

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during the course of argument, a proposal was given by the learned advocate on behalf of the respondent- employer to offer more compensation than that has been awarded by the learned Single Judge, as noted in the order dated 01.08.2023, an offer today has come from the respondent-employer.

3. Learned advocate Ms. Khusbhu Chhaya, appearing for the respondent employer, upon instructions, submits that the respondent-employer is ready to offer amount of Rs.9 Lakhs as full and final settlement towards all claims of the workman in order to bring the dispute to its logical conclusion.

4. This offer given by the learned counsel for the employer has been accepted by learned advocate Mr. Yogen Pandya, appearing for the workman.

5. For the aforesaid, while modifying the judgment and order dated 10.10.2022 passed by the learned Single Judge, we provide that an amount of Rs. 9 Lakhs towards full and final payment shall be made to the workman as compensation in lieu of reinstatement, of long services rendered by the workman. Such payment shall be made on or before 1st week of November 2023.

6. In view of the above, both the appeals are disposed of.

7. It is clarified that this order has been passed

NEUTRAL CITATION

C/LPA/279/2023 ORDER DATED: 10/08/2023

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in the facts and circumstances of the instant case and will not be treated as precedent in any other matters.

Connected Civil Applications, in both the appeals, also stand disposed of.

(SUNITA AGARWAL, CJ )

(N.V.ANJARIA, J) BIJOY B. PILLAI