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2018 DIGILAW 143 (GUJ)

Ramanbhai Nanabhai Khant v. Deputy Executive Engineer

2018-01-16

BIREN VAISHNAV, M.R.SHAH

body2018
JUDGMENT : M.R. SHAH, J. 1. Since common question of law and facts arises in this group of Letters Patent Appeals, all these appeals are disposed of together by this common judgment and order. 2. All these appeals are admitted. Shri Dhawan Jayswal, learned Assistant Government Pleader waives service of notice of admission on behalf of the common respondent no. 1- Deputy Executive Engineer. Respondent no. 2 in each appeal stands deleted. 3. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the learned Single Judge dated 11.09.2017 in Special Civil Applications No. 38 to 44 of 2014 insofar as restricting the references on remand qua the lump-sum compensation only (in case the order of termination of the respective workmen is held to be bad in law and/or illegal), the original petitioners-original workmen have preferred the present Letters Patent Appeals under Clause 15 of the Letters Patent. 4. Heard Shri P.C. Chaudhari, learned advocate appearing on behalf of the respective appellants-original petitioners-workmen and Shri Dhawan Jayswal, learned Assistant Government Pleader appearing on behalf of the common respondent no. 1-Deputy Executive Engineer. 5. The issue involved in the present appeals is in a narrow compass and as such covered by the two decisions of this Court rendered in Letters Patent Appeal No. 371 of 2016 in Special Civil Application No. 7110 of 2015 and in Letters Patent Appeal No. 731 of 2016 in Special Civil Application No. 228 of 2015. At the outset, it is required to be noted that as such by the impugned common judgment and order, the learned Single Judge has quashed and set aside the respective awards passed by the learned Labour Court rejecting the respective references and the reference cases are remanded to the learned Labour Court for reconsideration of the respective references. Even the learned Single Judge has also reserved liberty in favour of the concerned claimants and even the original respondents to lead any oral as well as documentary evidence on the factual aspects and the learned Labour Court is directed to consider such requests and pass appropriate order. However, while remanding the references to the learned Labour Court for fresh consideration and/or reconsideration, the learned Single Judge has directed the learned Labour Court to consider the case for claim of lump-sum compensation and has observed that the concerned workmen shall not claim reinstatement. However, while remanding the references to the learned Labour Court for fresh consideration and/or reconsideration, the learned Single Judge has directed the learned Labour Court to consider the case for claim of lump-sum compensation and has observed that the concerned workmen shall not claim reinstatement. Feeling aggrieved and dissatisfied with the impugned judgment and order restricting the remand and restricting the claim for lump-sum compensation and observing that the concerned workmen shall not claim reinstatement, the original workmen have preferred the present Letters Patent Appeals. 6. Identical question came to be considered by the Division Bench of this Court in the case of Ratilal Joitaram Patel vs. State of Gujarat and Others rendered in Letters Patent Appeal No. 371 of 2016 as well as in the case of Ramabhai Bhikhabhai Vasaiya vs. Jhalod Taluka Panchayat and Another rendered in Letters Patent Appeal No. 731 of 2016. In the aforesaid decisions, similar directions issued while remanding the references have been set aside by this Court and it is directed that the remand shall be open remand and the Division Bench has observed, held and directed as under: “9. In view of the above and for the reasons stated above, present Letters Patent Appeal succeeds in part. Impugned judgment and order passed by the learned Single Judge insofar as restricting the reference on remand only qua compensation/quantum of compensation in lieu of reinstatement, back-wages etc. is hereby quashed and set aside. Rest of the judgment and order passed by the learned Single Judge remanding the matter to the learned Labour Court is hereby confirmed. Learned Labour Court now to decide and dispose of the reference in accordance with law and on merits and after giving opportunity to all concerned. Meaning thereby the remand shall be open remand on all points. It goes without saying that it will be open for the concerned workman to pray for the reinstatement, back-wages etc. and at the some time, it will also be open for the petitioners-employer to plead and request that in the facts and circumstances of the case and if it is found that the termination was in breach of the provisions of the ID Act, in that case also, the order of reinstatement back-wages etc. may not be passed and instead the compensation in lieu of the aforesaid can be awarded. may not be passed and instead the compensation in lieu of the aforesaid can be awarded. It is ultimately for the learned Labour Court to consider the aforesaid aspect in accordance with law and on merits. On remand now the learned Labour Court to finally decide and dispose of the reference at the earliest but not later than 31st December 2017. All concerned are directed to cooperate the learned Labour Court in early disposal of the reference and within the time specified hereinabove. Present Letters Patent Appeal is allowed to the aforesaid extent. No costs.” 7. The aforesaid is not disputed by Shri Dhawan Jayswal, learned Assistant Government Pleader appearing on behalf of respondent no. 1. In view of the above and for the reasons stated in the judgment and order passed by the Division Bench of this Court in the cases of Ratilal Joitaram Patel (supra) and Ramabhai Bhikhabhai Vasaiya (supra), all the present appeals succeed in part. Impugned judgment and order passed by the learned Single Judge insofar as restricting the reference on remand only qua compensation/quantum of compensation in lieu of reinstatement, back-wages etc. is hereby quashed and set aside. Rest of the judgment and order passed by the learned Single Judge remanding the matters to the learned Labour Court is hereby confirmed. 8. Learned Labour Court now to decide and dispose of the references in accordance with law and on merits and after giving opportunity to all concerned. Meaning thereby the remand shall be open remand on all points. It goes without saying that it will be open for the concerned workmen to pray for the reinstatement, back-wages etc. and at the some time, it will also be open for the employer to plead and request that in the facts and circumstances of the case and if it is found that the termination was in breach of the provisions of the ID Act, in that case also, the order of reinstatement, back-wages etc. may not be passed and instead the compensation in lieu of the aforesaid can be awarded. It is ultimately for the learned Labour Court to consider the aforesaid aspect in accordance with law and on merits. On remand now the learned Labour Court to finally decide and dispose of the references at the earliest but not later than 31st December 2018. 9. It is ultimately for the learned Labour Court to consider the aforesaid aspect in accordance with law and on merits. On remand now the learned Labour Court to finally decide and dispose of the references at the earliest but not later than 31st December 2018. 9. All concerned are directed to cooperate the learned Labour Court in early disposal of the references and within the time specified hereinabove. Present Letters Patent Appeals are allowed to the aforesaid extent. No costs.