Jamjodhpur Nagarpalika vs Sukhabhai Khimabhai Vaghiya
2023 Latest Caselaw 3888 Guj

     C/SCA/4522/2009                                  ORDER DATED: 03/05/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 4522 of 2009
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 4523 of 2009
                                 With
             R/SPECIAL CIVIL APPLICATION NO. 4524 of 2009
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                                   JAMJODHPUR NAGARPALIKA
                                               Versus
                                SUKHABHAI KHIMABHAI VAGHIYA
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Appearance:
MR BJ TRIVEDI(921) for the Petitioner(s) No. 1
MR JT TRIVEDI(931) for the Petitioner(s) No. 1
MS JIGNASA B TRIVEDI(3090) for the Petitioner(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 : 03/05/2023
                          COMMON ORAL ORDER

1. Learned counsel Mr. B.J. Trivedi appearing for the petitioner submits that pending the present proceedings, the respondent-workman has since been reinstated in service as per the order dated 10.07.2009 in lieu of the payment of wages under Section 17B of the Industrial Disputes Act. He further submits that the respondent- workman shall also been paid 20% back-wages as awarded by the learned labour Court by the impugned award within a period of four weeks. He, therefore, submits that in view thereof, the present Special Civil Applications be disposed of as the award would stand complied with.

2. Mr. T.R. Mishra, learned counsel appearing for the respondent-workman has no objection, in case the present

C/SCA/4522/2009 ORDER DATED: 03/05/2023

Special Civil Applications are disposed of on the statement made by the learned counsel for the petitioner.

3. In view of the aforesaid statement of the learned counsel for the parties, the present Special Civil Applications stand disposed of as the impugned judgment and award would stand satisfied on payment of 20% back- wages.

4. It is clarified that if 20% back-wages are not paid within a period of four weeks from the date of service of this order then the same shall carry interest at the rate of 6% till the actual date of payment. No order as to costs. Direct service is permitted.

(ANIRUDDHA P. MAYEE, J.)

Manoj Kumar Rai