[Cites 7, Cited by 0]
Gujarat High Court
Ganga Rk Industries Pvt Ltd Through ... vs Bharatbhai Badriprasad Ramavat on 20 January, 2026
NEUTRAL CITATION
C/SCA/12410/2025 ORDER DATED: 20/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12410 of 2025
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GANGA RK INDUSTRIES PVT LTD THROUGH ADMIN HEAD KAMLESH
ARVINDBHAI KAKKAD
Versus
BHARATBHAI BADRIPRASAD RAMAVAT & ANR.
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Appearance:
JEET Y RAJYAGURU(8039) for the Petitioner(s) No. 1
MR NIRAJ J SHAH(3110) for the Petitioner(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 20/01/2026
ORAL ORDER
1. By way of present petition under Article 226 & 227 of the
Constitution of India, petitioner has challenged the Award dated
28.04.2025 passed by the learned Presiding Officer, Rajkot in
Reference (LCR) No. 77 of 2017 whereby, the learned Judge has
allowed the reference filed by the respondent-workman and granted
reinstatement with continuity of service with 50% back wages and
also awarded cost of litigation to the tune of Rs.5,001/- to be paid to
the respondent-workman.
2. Brief facts leading to the present petition are that, the
responded-workman was purely working as a temporary worker with
the petitioner-Establishment and respondent No.2 herein. That, as per
the statement of claim the respondent-workman was working as a
Clerk-cum-Supervisor with the petitioner-Establishment since
03.01.2009. That, the services of the respondent-workman came to
be transferred in respondent No.2-Company and thereafter, allegedly,
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C/SCA/12410/2025 ORDER DATED: 20/01/2026
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respondent-workman was terminated on 31.10.2016. That, the
respondent-workman therefore, filed industrial dispute against the
petitioner and respondent No.2 and approached the Labour
Conciliation Officer, however, the conciliation failed and the
Conciliation Officer referred the dispute to the Labour Court under
Section 10(1)(c) of the Act for adjudication, which came to be
registered as Reference (LCR) No. 77 of 2017. That, the respondent-
workman filed his statement of claim at Exh.-6. Per contra, the
petitioner and the respondent No.2 had jointly filed their written
statement at Exh.-23. After hearing all the concerned parties and
after examining the oral as well as documentary evidence produced
on record, the Labour Court passed the aforesaid Award dated
28.04.2025.
3. Being aggrieved and dissatisfied with the impugned award
dated 28.04.2025 passed by the Labour Court in Reference (LCR) No.
77 of 2017, the petitioner has preferred this petition under Article 226
& 227 of the Constitution of India read with the provisions of Industrial
Disputes Act, 1947.
4. When the matter is taken up for hearing, learned counsel Mr.
Jeet Rajyaguru, appearing on behalf of the petitioner, has submitted
that during the pendency of this petition, the parties have amicably
settled the dispute outside the Court. He has submitted that the
petitioner has entered into an agreement for amicable settlement
with the respondent-workman and has already paid lumpsum
compensation to the tune of Rs.4 Lac towards full and final settlement
of the dispute through NEFT on 10.10.2025 being transaction 'NEFT to
Baldevbhai Badriprasad R:UBIN0252835956'. Learned counsel Mr.
Rajyaguru has also produced copy of settlement agreement, which is
NEUTRAL CITATION
C/SCA/12410/2025 ORDER DATED: 20/01/2026
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a notarized document, bearing signatures of all the concerned parties,
the same is taken on record.
4. The consent terms and conditions of the settlement agreement
are in vernacular language and therefore, the same are incorporated
as part of this order as under :
This 'Memorandum of Settlement' is entered into at Rajkot on this 3rd day
of October, 2025.
BETWEEN:
M/s. Ganga R. K. Industries Private Limited, a company registered under
the provisions of the Companies Act [1956/2013], having its registered
office at Plot No. G-1204, GIDC Lodhika, near Metoda, Kalawad Highway,
Rajkot - 360021, hereinafter referred to as the "Company" (which
expression shall, unless repugnant to the context or meaning thereof, be
deemed to include its successors, administrators, and assigns) of the
FIRST PART;
AND
Mr. Bharatbhai alias Baldevbhai Ramavat, son of Badriprasad Ramavat,
aged about 58 years, residing at "Parth", Bhavnath Park-1, Street No. 2,
Milan Pan Street, Rajkot, hereinafter referred to as the "Workman" (which
expression shall, unless repugnant to the context or meaning thereof, be
deemed to include his heirs, legal representatives, executors,
administrators, and assigns) of the SECOND PART.
(The Company and the Workman shall hereinafter be collectively referred
to as the "Parties" and individually as the "Party").
WHEREAS:
A. The Workman joined the service of the Company on 01/04/2013 and
voluntarily resigned on 31/10/2016. The Workman's true name is
Baldevbhai, and his Aadhaar Card, PAN Card, and bank accounts
are in that name. The Workman admits that he recorded his name
as Bharatbhai in the Company and used to sign in that name. The
Workman admits that both names, Bharatbhai Ramavat and
Baldevbhai Ramavat, belong to him. The Workman guarantees that
for whatever payment he receives and accepts in the name of
Baldevbhai Ramavat as per this settlement, he shall not raise any
kind of demand, dispute, claim, or proceeding (civil, criminal, or
otherwise) against the Company, its Directors, Officers, Employees,
or Legal Representatives regarding the name or matters related to
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C/SCA/12410/2025 ORDER DATED: 20/01/2026
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the payment.
B. The Workman raised an industrial dispute before the Labour Court
at Rajkot under Reference (LCR) No. 77/2017, challenging the
legality and validity of the termination of his service and
demanding reinstatement with full back wages and continuity of
service.
C. The Hon'ble Labour Court, Rajkot, by its Judgment (Award) dated
28/04/2015, held that the termination of the Workman's service was
illegal and directed the Company to reinstate him with 50% back
wages and all consequential benefits.
D. Aggrieved by the said Judgment (Award), the Company filed Special
Civil Application No. 12410 of 2025 before the Hon'ble Gujarat
High Court.
E. During the hearing of the aforementioned Special Civil Application,
through the intervention of their respective advocates and with a
view to resolving the dispute amicably, the Parties have entered
into negotiations.
F. After a series of discussions and negotiations, the Parties have
reached a full and final amicable settlement of all claims and
disputes of the Workman against the Company arising out of his
employment and its termination, based on the terms and conditions
set forth below.
G. This settlement has been reached otherwise than in the course of
conciliation proceedings and is a settlement within the meaning of
Section 2(P) of the Industrial Disputes Act, 1947.
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS
FOLLOWS:
TERMS OF SETTLEMENT:
1. Waiver of Reinstatement:
The Workman, of his own free will and without any coercion,
pressure, or undue influence, hereby voluntarily and expressly
waives his right to reinstatement in the services of the Company
granted by the Labour Court. He confirms that he shall not seek
employment or re-employment in the Company or any of its
affiliates or group companies at any time in the future.
2. Full and Final Settlement Amount:
In consideration of the Workman waiving his right to reinstatement
and in full and final settlement of all his claims and dues, the
Company has agreed to pay and the Workman has agreed to accept
a sum of Rs. 4,00,000/- (Rupees Four Lakhs Only).
3. Break-up of Settlement Amount:
The aforementioned amount of Rs. 4,00,000/- is inclusive of full and
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C/SCA/12410/2025 ORDER DATED: 20/01/2026
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final settlement of all claims of the Workman, including but not
limited to:
Back wages
Outstanding salary
Leave encashment
Bonus
Gratuity
Retrenchment compensation under Section 25F of the
Industrial Disputes Act, 1947
Any other statutory or non-statutory dues arising from his
employment and its termination.
4. Payment and Discharge:
The payment of the said amount of Rs. 4,00,000/- has been made by
the Company to the Workman via Union Bank Account Payee
Cheque No. 041961 dated 02/10/2025. The Workman hereby
acknowledges that upon receipt of the said amount, he shall have
no claims of any nature against the Company(ies). The Workman
further acknowledges that a settlement has also been reached with
all companies, namely (1) Ganga R. K. Industries Private Limited
and (2) Kotecha Steel Forge Pvt. Ltd., and now no amount remains
to be taken by the Workman from the companies or by the
companies from the Workman, nor is he to be taken back into
service. Upon signing this settlement and receiving the payment,
the 'employer-employee' relationship between the companies and
the Workman comes to a permanent end, and it shall be deemed
that the Workman has received full and final payment of his rights,
shares, and interests, and the Workman waives his right to
reinstatement.
5. No Further Claims:
The Parties hereby declare and confirm that this settlement is a full
and final resolution of all disputes and claims between them. The
Workman hereby promises that neither he nor his heirs,
successors, legal representatives, or assigns shall, at any time in
the future, raise any demand, dispute, claim, or proceeding (civil,
criminal, or otherwise) against the Company, its directors, officers,
employees, legal representatives, or assigns regarding his former
employment, the termination of his service, or any matter related
thereto.
6. Withdrawal of Pending Litigation:
The Companies agree to withdraw Special Civil Application No.
22410 of 2025 filed in the Hon'ble Gujarat High Court, and the
Workman agrees to withdraw Recovery Application No. 75/2025
filed in the Labour Court, Rajkot, at their own respective costs.
Both parties agree to provide all types of cooperation to the other
party in withdrawing their respective cases or applications in
Court.
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C/SCA/12410/2025 ORDER DATED: 20/01/2026
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7. Binding Nature of Settlement:
This settlement shall be binding on both Parties as well as their
respective heirs, legal representatives, successors, and assigns in
accordance with the provisions of Section 2(P) read with Section
18(1) of the Industrial Disputes Act, 1947.
8. Independent Legal Advice:
The Parties confirm that they have sought and obtained
independent legal advice and have fully understood the terms and
effects of this settlement. They further confirm that they are
signing this settlement voluntarily and without any force, fraud,
coercion, or misrepresentation.
9. Governing Law and Jurisdiction:
This settlement shall be governed by and interpreted in accordance
with the laws of India. The courts at Rajkot shall have exclusive
jurisdiction to entertain any matter arising out of this settlement.
10. Entire Agreement:
This settlement constitutes the entire agreement between the
Parties and supersedes all prior oral or written agreements,
understandings, or arrangements.
5. In view of above, considering the fact that the concerned
parties have already settled the dispute by entering into settlement
agreement as above and the respondent-workman has received the
amount towards full and final settlement of the dispute, nothing
remains in the present petition and the present petition is disposed of.
Notice is discharged.
(HEMANT M. PRACHCHHAK,J)
Dolly
