Manager / Managing Director vs Prabhatsinh Bijalsinh Bariya
2023 Latest Caselaw 7144 Guj

                                                                                          NEUTRAL CITATION




     C/SCA/13336/2015                                      ORDER DATED: 27/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 13336 of 2015

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                    MANAGER / MANAGING DIRECTOR
                                Versus
                PRABHATSINH BIJALSINH BARIYA & 6 other(s)
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Appearance:
MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1
MR P C CHAUDHARI(5770) for the Respondent(s) No. 1,2,3.1,3.2,4,5,7
NOTICE SERVED for the Respondent(s) No. 3.3
UNSERVED EXPIRED (N) for the Respondent(s) No. 3,6
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                Date : 27/09/2023

                                 ORAL ORDER

1. This is a petition wherein, the petitioner- Managing Director of the Co-operative Bank is challenging the award dated 30.11.2010, passed by Industrial Court, Vadodara in B.I.R Application No. 3 of 2004 to 9 of 2004, wherein, compensation of Rs. 35,000/- was passed in favour of the workmen. Pursuant to which, the workmen had challenged the award passed by the Industrial Court vide Appeal I.C No. 5 of 2011 and Appeal I.C No. 6 of 2011 dated 20.12.2014, and the award of the Industrial Court was modified and the workmen were ordered to be reinstated with back wages. The said appeals are challenged by the petitioner herein.

2. It is also pertinent to note that the workmen has also filed a petition for denial of back wages being Special Civil Application no. 13342 of 2015. As per the submission of learned advocate Mr. P. C Chaudhari for the respondent-workmen, the said petition has been

NEUTRAL CITATION

C/SCA/13336/2015 ORDER DATED: 27/09/2023

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withdrawn and disposed of, as there was settlement between the Bank and the workmen, that the workmen were reinstated as permanent employees of the Bank.

3. Today, when the matter is taken up for final hearing, learned advocate Mr. Dipak Dave for the petitioner submits that pursuant to the aforesaid settlement between the workmen and the Bank, the respondent nos. 1, 2, 4 and 5, had agreed with the settlement terms with the Bank whereas, respondent no.3 had expired during the pendency of the petition and respondent no.7 had not turned up. It is submitted that the workmen had foregone their rights and benefits of the award of the Industrial Court in the appeal and past dues. In light of this, it is submitted that the workmen who were already reinstated and the petition filed by the workmen has already been disposed of, this matter can be accordingly disposed of.

4. Having heard learned advocates for the respective parties and considering the fact that the respondent- workmen were reinstated and they had foregone their rights of back wages, nothing remains in the matter. Accordingly, the judgment and order dated 30.11.2010 passed in B.I.R Application No. 03 of 2004 to 09 of 2004 stands modified to the aforesaid extent.

5. With the aforesaid observations, the petition stands disposed of. Rule is made absolute.

(RAJENDRA M. SAREEN,J) Radhika