General Manager vs Ayubkhan Akbarkhan Pathan
2023 Latest Caselaw 8515 Guj

Gujarat High Court

General Manager vs Ayubkhan Akbarkhan Pathan on 7 December, 2023

Author: N.V.Anjaria

Bench: N.V.Anjaria

                                                                                NEUTRAL CITATION




      C/LPA/1418/2023                           ORDER DATED: 07/12/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/LETTERS PATENT APPEAL NO. 1418 of 2023
             In R/SPECIAL CIVIL APPLICATION NO. 2924 of 2019
                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
               In R/LETTERS PATENT APPEAL NO. 1418 of 2023
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                             GENERAL MANAGER
                                  Versus
                        AYUBKHAN AKBARKHAN PATHAN
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Appearance:
MR VISHRUT JANI for RC JANI & ASSOCIATE(6436) for the Appellant(s)
No. 1,2
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE CHEEKATI
       MANAVENDRANATH ROY

                       Date : 07/12/2023
                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Vishrut Jani for R.C.Jani & Associate for the appellants- the Telecom Department.

2. This Letters Patent Appeal under Clause 15 of the Letters Patent is directed against judgment and order of learned single Judge dated 12.10.2023 thereby learned single Judge modified the judgment and award of the Central Government Industrial Tribunal cum labour court and directed the appellant to pay the enhanced lump-sum compensation of Rs.2,00,000/-.

2.1 The respondent had approached the Central Government Industrial Tribunal (CGIT) cum labour court seeking relief against the termination and praying for reinstatement. The CGIT

NEUTRAL CITATION

C/LPA/1418/2023 ORDER DATED: 07/12/2023

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cum labour court by judgment and award dated 1.12.2018 directed that the instead of reinstatement, lump-sum compensation of Rs.1,00,000/- would be appropriate relief. It was against the said judgment and award that the workman had filed Special Civil Application praying to grant the relief of reinstatement with full backwages.

3. The relief was modified by learned single Judge and compensation was granted to the extent of Rs.1,00,000/-, as above. The employer got aggrieved by same and filed this Letters Patent Appeal contending that enhancement from Rs.1,00,000/- to Rs.2,00,000/- was not justified.

4. The workman was a Casual Labourer employed in the appellant Department from April, 1980 to June 1988. The span of service was thus eight years.

5. In the above view and in the totality of the facts and circumstances, the enhancement in the compensation could in no way be faulted. The Letters Patent Appeal is entirely meritless. It is dismissed.

The Civil Application will not survive in view of dismissal of the Letters Patent Appeal.

(N.V.ANJARIA, J)

(CHEEKATI MANAVENDRANATH ROY, J) Manshi