Excel Industries Ltd (Now Known As ... vs Parshottambhai P Patel Deceased ...
2023 Latest Caselaw 273 Guj

     C/SCA/7859/2011                           ORDER DATED: 10/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7859 of 2011

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 EXCEL INDUSTRIES LTD (NOW KNOWN AS EXCEL CROP CARE LTD)
                          Versus
  PARSHOTTAMBHAI P PATEL DECEASED THROUGH LEGAL HEIRS
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Appearance:
MR MR BHATT, SR. COUNSEL, WITH MR MAYUR KISHANCHANDANI
FOR M R BHATT & CO.(5953) for the Petitioner(s) No. 1
MUNJAAL M BHATT(8283) for the Petitioner(s) No. 1
for the Respondent(s) No. 1.1,1.2,1.3,1.4
DECEASED LITIGANT for the Respondent(s) No. 1
MR TR MISHRA(483) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                           Date : 10/01/2023
                            ORAL ORDER

Heard learned advocates for the parties and perused the evidence on record.

2. In the present case, by the impugned judgment and award, the learned Labour Court, Bhavnagar has awarded 10% back wages along with reinstatement.

3. It is submitted by Mr. M.R.Bhatt, learned Senior Advocate for the petitioner company that the respondent workman had since superannuated on 30.9.2019 and has since expired on 6.11.2021. He submits that till his superannuation, the respondent workman was paid wages under Section 17(B) of the Industrial Disputes Act.

4. A query was posed to the learned advocates for the parties

C/SCA/7859/2011 ORDER DATED: 10/01/2023

as to how much would be the quantum of 10% back wages. In response thereto, it is submitted by learned advocate for the respondent workman that the deceased workman was earning Rs.2,500/- per month at the time of his termination. Accordingly 10% back wages would come to around Rs.18,000/-.

5. Looking to the quantum of amount of back wages to be paid along with the fact that the respondent workman has also superannuated and thereafter expired, this Court directs the petitioner company to pay an amount of Rs.18,000/- towards full and final settlement towards the back wages to the heirs of the respondent workman within a period of 2 weeks from the date of receipt of this order. Upon such payment, the impugned judgment and award passed by the learned Labour Court, Bhavnagar stands modified accordingly. The present Special Civil Application stands disposed of accordingly.

Rule is made absolute to aforesaid extent. Interim relief stands vacated forthwith.

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN