Gujarat High Court
Maneger, Gujarat Industrial ... vs Himatsingh Babarbhai Rajput on 10 November, 2023
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/SCA/15638/2019 ORDER DATED: 10/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15638 of 2019
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MANEGER, GUJARAT INDUSTRIAL RESEARCH AND DEVELOPMENT
AGENCY
Versus
HIMATSINGH BABARBHAI RAJPUT
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Appearance:
SWAPNESHWAR GOUTAM(9051) for the Petitioner(s) No. 1
MR.HIREN M MODI(3732) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 10/11/2023
ORAL ORDER
1. Heard learned advocate Mr. Swapneshwar
Goutam for the petitioner and learned
advocate Mr. Hiren M. Modi for the
respondent.
2. By this petition under Article 227 of
the Constitution of India, the petitioner
has challenged the Judgment and Award
dated 13.12.2018 passed by the Presiding
Officer, Labour Court, Vadodara whereby
NEUTRAL CITATION
C/SCA/15638/2019 ORDER DATED: 10/11/2023
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Labour Court has partly allowed the
Reference holding that the action of the
petitioner to terminate the services of
the respondent workman with effect from
15.06.2012 was illegal. Labour Court
further directed the petitioner to
reinstate the respondent workman at his
original place with continuity along with
other consequential benefits of the
services.
3. This Court passed the following order
on 2.11.2023:
"1. Heard learned advocate
Mr.Swapneshwar Goutam for the
petitioner and learned advocate
Mr.Hiren M. Modi for the respondent.
2. This petition is filed
challenging the judgment and award
dated 13.12.2018 passed by the
Presiding Officer, Labour Court
No.1, Vadodara.
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C/SCA/15638/2019 ORDER DATED: 10/11/2023
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3. Learned advocate Mr.Swapenshwar
Goutam for the petitioner has
tendered the calculation of lumpsum
payment of Rs.6,00,000/- to be paid
to the respondent towards full and
final settlement on the basis of the
arrears as well as the gratuity and
leave encasement. He has further
prayed that instead of reinstatement
with continuity of service and
backwages, the petitioner shall be
ready and willing to pay lumpsum
amount as may be decided by this
Court.
4. Considering the facts of the case
as well as the services of the
respondent, the petitioner is
directed to pay Rs.10,00,000/- as
lumpsum payment to the respondent.
5. Learned advocate Mr.Hiren Modi
for the respondent, under
instructions of the respondent who
is present in the Court, submitted
that the respondent would be ready
and willing to accept the same
towards full and final settlement if
the amount is paid on or before 10th
November, 2023.
6. Learned advocates for both the
sides pray for time to place on
record the settlement in above terms
before the next date of hearing.
7. Stand over to 7th November,
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C/SCA/15638/2019 ORDER DATED: 10/11/2023
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2023."
4. On 07.11.2023, learned advocate Mr.
Swapneshwar Goutam requested for time for
compliance of the formalities for payment
of Rs. 10,00,000/- as lump-sum payment to
respondent workman and the matter was
adjourned to today.
5. Today when the matter is taken up for
hearing, learned advocate Mr. Goutam has
placed on record copies of cheque
no.192079 dated 09.11.2023 for
Rs.9,00,000/- and cheque no.192095 dated
09.11.2023 for Rs.1,00,000/- both in the
name of respondent Himmatbhai B. Rajput in
compliance of order dated 02.11.2023.
Learned advocate Mr. Goutam submitted that
the petitioner shall hand over the copies
of the cheques to the respondent workman
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during the course of day after proper
verification.
6. Learned advocate Mr. Hiren Modi for
the respondent workman submitted that the
respondent workman is present before the
Court and he has accepted the lump-sum
payment of Rs. 10,00,000/- in lieu of
reinstatement with continuity and all
consequential benefits as awarded by the
Labour Court.
7. in view of consent given by the
respondent workman, the following order is
passed:
i) The impugned Judgment and Award passed
by the Labour Court, Vadodara is modified
and direction for reinstatement of the
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C/SCA/15638/2019 ORDER DATED: 10/11/2023
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respondent workman at his original place
with continuity and all consequential
benefits is substituted with payment of
Rs. 10,00,000/- as lump-sum compensation.
8. The petition is accordingly disposed
of. Notice is discharged.
(BHARGAV D. KARIA, J)
RAGHUNATH R NAIR
