Black Diamond Amusement Pvt. Ltd. v. Prajapati Ajitkumar Govindbhai
2006-01-20
K.S.JHAVERI
body2006
DigiLaw.ai
ORDER : K.S. Jhaveri, J. This petition is directed against the award dated 14.09.2000 passed by Labour Court, Ahmedabad in reference (LCA)No. 951/96 renumbered as (LCIDAT)No. 666/97 whereby the Labour Court has directed the petitioner to reinstate the respondent on his original post with continuity of service with full back wages. The brief facts of the case are that the respondent was working with the petitioner company from 07.03.95 in the Filer department as a helper. On 29.04.96, the respondent was discharged from service without being served with any notice or notice pay. Being aggrieved by the said discharge, the respondent raised an industrial dispute which was referred to the Labour Court for adjudication. The Labour Court after hearing the parties passed the aforesaid award. 2. Learned counsel for the petitioner has contended that the petitioner is prepared to pay compensation to the respondent in lieu of reinstatement and full back wages as they are not in a position to accommodate the respondent in the company. This court while admitting the matter has stayed the award subject to compliance of Section 17B of the Act. Heard learned counsel for the parties. On the overall facts and circumstances of the case, considering the offer of the petitioner to pay compensation in lieu of reinstatement and back wages, I am of the view that interest of justice will be served by passing the following directions. (i)The petitioner is directed to pay a further amount of Rs. 25,000/- as compensation in view of the recent decision of the Apex Court while substituting the award of reinstatement with full back wages. (ii)The said amount shall be paid within a period of three weeks from today. (iii)This amount shall be in addition to the amount of Rs. 27,000/- already paid by the petitioner by way of salary under Section 17B. With the above directions, the petition stands disposed of accordingly.