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2017 DIGILAW 1597 (GUJ)

Rameshbhai Jesangbhai Solanki v. Medical Officer

2017-09-04

R.SUBHASH REDDY, VIPUL M.PANCHOLI

body2017
ORDER : R. SUBHASH REDDY, J. 1. This Letters Patent Appeal is filed under Clause 15 of the Letters Patent by the original petitioner in Special Civil Application No. 4144 of 2011 aggrieved by the order dated 28.04.2016. 2. The Special Civil Application is filed with the prayers which reads as under:- (A) The Hon'ble Court be pleased to allow this petition. (B) The Hon'ble Court be pleased to issue a writ of Certiorari or a writ of Mandamus or any other appropriate writ or order quashing and setting aside the impugned award dated 15.10.2010 passed by the Labour Court at Vadodara in Reference (LCV) 188/2005 and further be pleased to direct the respondent to reinstate the petitioner to his original post with full back wages and continuity of service and all consequential benefits. (C) Pending admission and final disposal of this petition, the Hon'ble Court be pleased to stay the operation and implementation of the impugned award. (D) Any other relief deemed to meet the ends of justice may be granted. 3. By order dated 28.4.2016, learned Single Judge while holding that Labour Court has not committed any error of law and further held that the petitioner has not made out any case to interfere with the award passed by the Labour Court. However, taking into consideration, the fact that the appellant has continued for several years, the Labour Court has granted lump-sum compensation of Rs. 5000/-. 4. Considering the fact that the appellant has worked for more than 10 years, this Court suggested to settle the matter with the respondent to increase the compensation than what is fixed by the learned Single Judge. 5. When the matter is called and after the matter is argued at length, learned counsel appearing for the District Panchayat agreed to pay compensation of Rs. 1 Lac to the appellant, for which the appellant's counsel has agreed after consulting his client who is present in the Court. 6. In view of such settlement arrived at between the parties, it is not necessary to further adjudicate the matter on merits and placing on record settlement arrived at between the parties. 7. We dispose of this appeal by directing the respondent to pay Rs. 1 Lac in lieu of Rs. 5,000/- by account payee cheque within a period of 6 (six) weeks from today. Letters Patent Appeal and Civil Application stand disposed of.