Dineshbhai Tulsibhai Makwana v. Bhavnagar Municipal Corporation, Thro Municipal Commissioner
2017-06-30
B.N.KARIA, M.R.SHAH
body2017
DigiLaw.ai
JUDGMENT : M.R. SHAH, J. 1. These appeals arise out of common judgment and order dated 29.04.2016 passed by the learned Single Judge of this Court in Special Civil Application No. 3335 of 2011 and connected matters. The learned Single Judge vide the aforesaid judgment and order has set aside the award dated 30.09.2010 of the learned Labour Court, Bhavnagar and directed the Corporation to pay, by way of ex-gratia payment, lum-sum amount of Rs. 10,000/- to each concerned claimants. 2. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the learned Single Judge in Special Civil Application No. 7849 of 2011 and connected petitions, the original workmen have preferred present letters patent appeals. 3. These appeals are admitted. Shri H.S. Munshaw learned advocate waived notice of admission on behalf of the respondent-Bhavnagar Municipal Corporation. 4. As the facts are common in all these appeals, these appeals are finally decided and disposed of by this common order. 5. At the outset, it is required to be noted that the issue involved in the present appeals is in a very narrow compass. Appellants are aggrieved by the impugned common judgment and order passed by the learned Single Judge by which the learned Single Judge has modified the judgment and award passed by the Labour Court and has awarded a total sum of Rs. 10,000/- towards compensation in lieu of reinstatement and backwages. 6. It is required to be noted that the appellants have not challenged impugned judgment and order passed by the learned Single Judge refusing to grant reinstatement. Therefore, what required to be considered in facts and circumstances of the case is as to whether the learned Single judge is justified in awarding Rs. 10,000/- only towards the compensation/lump sum amount in lieu of reinstatement and backgwages. 7. Having heard learned advocate for the parties and considering the common judgment and award passed by the Labour Court and common judgment passed by the learned Single Judge, we are of the opinion that if instead of Rs. 10,000/- awarded to the appellants- original respondents, a total sum of Rs. 25,000/- is being awarded by way of lump sum amount in lieu of reinstatement and backwages, it will meet the ends of justice. Learned advocates appearing for the parties do not invite any further reasoned order. 8.
10,000/- awarded to the appellants- original respondents, a total sum of Rs. 25,000/- is being awarded by way of lump sum amount in lieu of reinstatement and backwages, it will meet the ends of justice. Learned advocates appearing for the parties do not invite any further reasoned order. 8. Hence, the judgment and order passed by the learned Single Judge in Special Civil Application No. 7849 of 2011 and connected matters is hereby modified to the aforesaid extent. Considering the facts and circumstances of the case, the Corporation is directed to pay total Rs. 25000/- towards the lump sum amount in lieu of reinstatement and backwages to the appellants-original respondents. The aforesaid amount to be paid within a period of three months. On payment of aforesaid amount, there shall not be any claim of the payments against the respondent-Corporation. All these appeals are partly allowed to the aforesaid extent. There shall be no order as to costs. 9. In view of disposal of Letters Patent Appeals, civil applications would not survive and are disposed of.