Ikbal Kalubhai Sumara vs Indian Rayon Industries Ltd
2023 Latest Caselaw 164 Guj

     C/SCA/17850/2018                                       ORDER DATED: 06/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 17850 of 2018

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                            IKBAL KALUBHAI SUMARA
                                     Versus
                         INDIAN RAYON INDUSTRIES LTD.
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Appearance:
MR SAMIR B GOHIL(5718) for the Petitioner(s) No. 1
KHUSHBU D CHHAYA(8093) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                 Date : 06/01/2023
                                  ORAL ORDER

1. Heard learned advocates for the respective parties.

2. The present writ petition is filed praying for the

following reliefs:

"(A) Quashing and setting aside the award dated 30.04.2018 passed by the Labour Court in Ref(T) Case No.26/2011 qua not granting reinstatement with full back wages and further directing the respondent to reinstate the petitioner with full back wages and continuity of service.

OR (B) In alternative, if the above prayer is not granted, the amount of compensation may be enhanced from Rs.1,50,000/- to Rs.8,00,000/- (Eight lakhs).

(C) During the pendency and final disposal of this petition,

C/SCA/17850/2018 ORDER DATED: 06/01/2023

the respondent may be directed to reinstate the petitioner forthwith.

(D) To grant such and further reliefs as may be deemed fit and proper."

3. The learned advocate for the petitioner submits that at

the time of dismissal, the petitioner was earning total pay of

Rs.12,100/-. He further submits that compensation as

awarded by the learned Labour Court, Junagadh is

abysmally low and is required to be enhanced. He further

submits that if the compensation is enhanced to a

reasonable amount, he does not press for the relief of

reinstatement as the petitioner has already crossed the age

of superannuation.

4. Considering the facts and circumstances of the case

and looking to the fact that the petitioner was out of service

for a period of around seven years and was earning

Rs.12,100/- per month, it is deemed appropriate that the

amount of compensation is enhanced to Rs.5,00,000/-.

C/SCA/17850/2018 ORDER DATED: 06/01/2023

5. In view thereof, the impugned judgment and order is

modified to the aforesaid extent. The enhanced amount of

compensation i.e. Rs.3,50,000/- along with interest be

deposited with the learned Labour Court, Junagadh, within

a period of six weeks from the date of receipt of this order.

Upon depositing the enhanced amount along with interest,

the learned Labour Court is directed to release the entire

amount of compensation to the petitioner along with

interest by way of an account payee cheque or RTGS after

following the due procedure and proper verification.

6. Accordingly the present writ petition stands disposed

of. No order as to costs.

(ANIRUDDHA P. MAYEE, J.) ALI