Gujarat High Court

Jetpur Navagadh Municipality vs Samjuben Bhupatbhai Jadav on 26 September, 2024

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                            C/SCA/18038/2021                                    JUDGMENT DATED: 26/09/2024

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 18038 of 2021


                       FOR APPROVAL AND SIGNATURE:


                       HONOURABLE MRS. JUSTICE M. K. THAKKER

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                       1     Whether Reporters of Local Papers may be allowed
                             to see the judgment ?                                                   NO

                       2     To be referred to the Reporter or not ?
                                                                                                     NO
                       3     Whether their Lordships wish to see the fair copy
                             of the judgment ?                                                       NO

                       4     Whether this case involves a substantial question
                             of law as to the interpretation of the Constitution
                                                                                                     NO
                             of India or any order made thereunder ?

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                                               JETPUR NAVAGADH MUNICIPALITY
                                                          Versus
                                                SAMJUBEN BHUPATBHAI JADAV
                       ==========================================================
                       Appearance:
                       MR BHAVESH P TRIVEDI(2731) for the Petitioner(s) No. 1
                       MR RR TRIVEDI(941) for the Petitioner(s) No. 1
                       MR PANKAJ R DESAI(3120) for the Respondent(s) No. 1
                       ==========================================================

                           CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                                            Date : 26/09/2024

                                                           ORAL JUDGMENT

1. Being aggrieved and dissatisfied with the judgment and

award passed by the learned labour court, Rajkot in

reference LLR No.163 of 2015 dated 04.12.2019, this

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appeal is filed by the Municipality.

2. Gist of the case is that the reference was made by the

Labour Commissioner, Rajkot vide order dated

05.10.2015 to the labour court, Rajkot for adjudication

of the dispute that whether workmen is entitled for the

reinstatement on her original post with effect from

01.08.2015?

3. The respondent workman was serving as a daily wager

labourer in the petitioner Municipality at the rate of

Rs.289/- each day in the Public Works Department. She

was orally terminated on 01.08.2015, therefore, she

alongwith other workmen has issued demand notice on

10.08.2015 requesting to reinstate her on her original

post. It is contended by her that other workmen who are

similarly situated to the present respondent who were

terminated alongwith applicants has also raised

industrial dispute. Learned Labour Court after

considering the evidence has ordered to reinstate the

respondent workmen to her original post on 20% back

wages and directed to consider her service as a

continuation from 01.08.2015. The same order is subject

matter of challenge before this Court.

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4. At the outset it is admitted by both the parties that for

the similarly situated employees, following orders were

passed by this Court in Special Civil Application

No.17941 of 2021:

"8. It is also relevant to reproduce relevant paragraphs of order passed in Special Civil Application No.2711 of 2023 and allied matters on 23.2.2023, which read as under: "3. Considering the submissions made by learned Advocate Mr.Joshi, it would appear that in case of similarly situated persons, whose reference had been rejected by the learned Labour Court on the ground of delay and which decision had been upheld by learned Single Judge, the learned Division Bench relying upon decision of the Hon'ble Apex Court in case of B.S.N.L. vs Bhurumal reported in 2014(7) SCC page No.177 had directed grant of compensation at the rate of Rs.50,000/- to the appellants therein. 3.1 It also appears that relying upon the law laid down by the Hon'ble Division Bench, a learned Co-ordinate Bench of this Court in Special Civil Application No.4630 of 2022 and allied matters had directed grant of compensation at the rate of Rs.25,000/- per year of service. It would also appear that while the petitioners of Special Civil Application No.2711 of 2023 and Special Civil Application No.2712 of 2023 have put in 4 years of service, petitioner of SCA No.2776 of 2023 has put in 5 years of service."

5. Further in the appeal filed by the Municipality, Division

Bench of this Court has passed following orders on

18.04.2024 which is reproduced herein below:-

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3. Further, the order dated 02.03.2023 in Special Civil Application No.17941 of 2021 and allied matters was subject matter of challenge in Cross Appeals filed by Municipality as well as workmen. The Division Bench of this Court, under order dated 18.04.2024 in Letters Patent Appeal No.1091 of 2023 and allied matters, while dismissing the appeals and while confirming the order of Special Civil Application No.17941 of 2021 has held as under:

"5. Therefore, looking to the gap which intervened between the date of termination and the date of granting reinstatement, the approach of the learned Single Judge granting lump sum compensation cannot be faulted with.

6. Looking to the various aspects and factors which are considered above, like the nature of employment, time gap intervened, length of service, the compensation awarded to the tune could not be said to be unreasonable. Therefore, Letters Patent Appeals preferred by the Municipality on the question of amount of compensation as well as appeals preferred by the workmen seeking reinstatement are liable to be dismissed. However, in one of the matters being Letters Patent Appeal No. 701 of 2023 in Special Civil Application No. 18334 of 2021 in the case of workman being Koli Vairaginiben Ramkumar, we observe that the compensation given by the learned Single Judge is to the tune of Rs.6,25,000/- for 11 years of service. It can be observed from the order passed by the learned Single Judge that such amount is proportionally different from the other set of amounts which are given as compensation. However, for the identical years of work i.e. 11 years of service, the other workmen are granted an amount of Rs.3,25,000/- as

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lump sum compensation. Thus, we are inclined to modify the amount of lump sum compensation in Letters Patent Appeal No. 701 of 2023 to the tune of Rs.3,25,000/- from Rs.6,25,000/-. Hence, Letters Patent Appeal No. 701 of 2023 is partly allowed to the aforesaid extent, whereas, all the other Letters Patent Appeals stand dismissed as no ground is made out to interfere with the order of the learned Single Judge. 7. All the appeals, except Letters Patent No. 701 of 2023 are accordingly dismissed. No order as to costs. Consequentially, connected civil applications also stand disposed of."

4. Thus, in view of above and in view of the order of Division Bench of this Court in Letters Patent Appeal No. 1091 of 2023 and allied matters, following order is passed, (I) The award of the Labour Court, Rajkot dated 04.12.2019 in Reference (LCR) No.159 of 2015 is hereby quashed and set aside.

(ii) The workman would be entitled to Rs.25,000/- for each year of his service and it is not in dispute that the workman had completed 25 years of service and, therefore, he would be entitled to Rs.6,25,000/- as lumpsum compensation. Therefore, the petitioner is directed to pay lumpsum compensation of Rs.6,25,000/- to the respondent

- workman within a period of four weeks from the date of receipt of the order.

6. In view of the above orders this Court deems it fit to

modify the orders passed by the learned labour court to

the extend of giving lumpsum compensation of

Rs.4,00,000/- considering the length of service of 16

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years. However, the petitioner is directed to lumpsum

compensation of Rs.4,00,000/- to the respondent

workmen within a period of four weeks from the date of

receipt of the order in lieu of the reinstatement as well