RAKESHBHAI MULJIBHAI ATRI v. SUZLON ENERGY LIMITED THROUGH HIS MANAGER
2018-01-23
BIREN VAISHNAV, M.R.SHAH
body2018
DigiLaw.ai
JUDGMENT : M.R. SHAH, J. 1. Admit. Shri Aum Kotwal, learned advocate waives service of notice of admission on behalf of the respondent. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties and as such there is broad consensus between the learned advocates for the respective parties to dispose of the present Letters Patent Appeal and modify the impugned judgment and order passed by the learned Single Judge by awarding Rs.2 lakh to the appellant herein by way of lump sum compensation in lieu of reinstatement, backwages, continuity of service etc. present appeal is taken up for final hearing today. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 17.01.2017 passed in Special Civil Application No.8089 of 2016, by which, the learned Single Judge has partly allowed the said petition preferred by the appellant herein and has awarded Rs. 1 lakh only towards lump sum compensation in lieu of reinstatement, backwages, continuity of service etc., the original workman has preferred present Letters Patent Appeal under Clause 15 of the Letters Patent. 3. Today, when the present appeal is taken up for further hearing / final hearing, there is broad consensus between the learned advocates for the respective parties under the instructions from their respective clients that let the impugned judgment and order passed by the learned Single Judge be modified to the extent awarding Rs.2 lakh (instead of Rs.1lakh as awarded by the learned Single Judge) by way of lump sum compensation in lieu of reinstatement, backwages, continuity of service etc. as full and final settlement towards the claim of the appellant against the respondent company. Shri Pandya, learned advocate for the appellant has stated at the bar that the appellant is agreeable to the aforesaid. Shri Kotwal, learned advocate for the respondent Management has also stated at the bar that even the respondent company is also agreeable to the aforesaid. He has stated at the bar that the aforesaid amount of Rs.2 lakh shall be paid to the appellant by demand draft / pay order in the name of appellant within a period of 10 days from today. 4. In view of the above, present Letters Patent Appeal is allowed in part.
He has stated at the bar that the aforesaid amount of Rs.2 lakh shall be paid to the appellant by demand draft / pay order in the name of appellant within a period of 10 days from today. 4. In view of the above, present Letters Patent Appeal is allowed in part. The impugned judgment and order passed by the learned Single Judge dated 17.01.2017 passed in Special Civil Application No.8089 of 2016 is hereby modified to the extent awarding Rs.2 lakh in all to the appellant herein by way of lump sum compensation in lieu of reinstatement, backwages, continuity of service etc. as full and final settlement towards the claim of the appellant against the respondent company. The aforesaid amount of Rs.2 lakh to be paid by the respondent to the appellant by demand draft / pay order in the name of appellant within a period of 10 days from today. Liberty to approach this Court by way of appropriate application in the present Letters Patent Appeal in case aforesaid amount of Rs. 2 lakh is not paid to the appellant within a period of 10 days from today as observed herein above. With this, present appeal is partly allowed to the aforesaid extent. 5. In view of allowing the Letters Patent Appeal, Civil Application stands disposed of.