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2018 DIGILAW 336 (GUJ)

RAMESHBHAI LAXMANBHAI, AS EXPIRED THRO'LEGAL HEIRS v. PORT OFFICER

2018-01-31

BIREN VAISHNAV, M.R.SHAH

body2018
JUDGMENT : M.R. SHAH, J. 1. As common question of law and facts arises and as such arises out of the impugned common judgment and order passed by the learned Single Judge in Special Civil Application No. 12931/2009 and Special Civil Application No. 12932/2009, all these Appeals are heard, decided and disposed of by this common judgment and order. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 12932/2009 by which the learned Single Judge has allowed the said petition preferred by the respondents herein – original petitioners – Port Officer and Another and has quashed and set aside the judgment and award passed by the learned Labour Court granting continuity of service and benefit of Government Resolution dated 07/10/1988, heirs of the original respondent - workman has preferred Letters Patent Appeal No. 1424/2017. 2.1 Now so far as the impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 12932/2009 by which the learned Single Judge has confirmed the order of reinstatement passed by the learned Labour Court holding the termination/retrenchment in breach of Section 25G and H of the Industrial Disputes Act, original petitioners – employer have preferred Letters Patent Appeal No. 2330/2017. Thus, Letters Patent Appeal No. 1424/2017 and Letters Patent Appeal No. 2330/2017 can be said to be Cross Appeals arising out of the impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 12932/2009. 2.2 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 02/09/2016 in Special Civil Application No. 12931/2009 in so far as quashing and setting aside the judgment and award passed by the learned Labour Court granting continuity of service and benefits of the Government Resolution dated 07/10/1988, original workman has preferred Letters Patent Appeal No. 1479/2017. 3. Heard Shri Dipak Dave, learned advocate appearing on behalf of the heirs of the original respondent - workman and Ms. Sejal Mandavia, learned advocate appearing on behalf of the employer. 4. At the outset, it is required to be noted that the original workmen raised an industrial dispute challenging the termination/retrenchment, which was referred to the learned Labour Court, Bhavnagar. The learned Labour Court allowed the said References, being Reference (LCB) No. 506/1990 and Reference (LCB) No. 509/1990. Sejal Mandavia, learned advocate appearing on behalf of the employer. 4. At the outset, it is required to be noted that the original workmen raised an industrial dispute challenging the termination/retrenchment, which was referred to the learned Labour Court, Bhavnagar. The learned Labour Court allowed the said References, being Reference (LCB) No. 506/1990 and Reference (LCB) No. 509/1990. Learned Labour Court, Bhavnagar ordered reinstatement with back wages and continuity and also directed to grant the benefit of Government Resolution dated 07/10/1988. Feeling aggrieved and dissatisfied with the respective judgment and awards passed by the learned Labour Court in Reference (LCB) No. 506/1990 and Reference (LCB) No. 509/1990, the employer – Port Officer and Another preferred Special Civil Application No. 12929/2009 and Special Civil Application No. 12930/2009. By the impugned judgment and order, the learned Single Judge has partly allowed the said Special Civil Applications preferred by the employer and has quashed and set aside the respective judgment and awards passed by the learned Labour Court granting continuity and back wages and the benefit of the Government Resolution dated 07/10/1988, however, has confirmed the order of reinstatement granted by the learned Labour Court. As observed hereinabove, feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 12932/2009, heirs of the original respondent - workman as well as the employer – Port Officer and Another have preferred Letters Patent Appeal No. 1424/2017 as well as Letters Patent Appeal No. 2330/2017. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 12930/2009, original workman has preferred Letters Patent Appeal No. 1479/2017. 5. Today, when the present Letters Patent Appeals are taken up for further hearing and considering the fact that the original workman – deceased of Letters Patent Appeal No. 1424/2017 died and therefore there is no question of reinstatement now and even otherwise considering the fact that the deceased was serving as daily wager, who worked only for 2 ½ years and the termination was found to be illegal on the technical ground of breach under Section 25G and 25H of the Industrial Disputes Act, considering the decision of the Hon’ble Supreme Court in the case of Bharat Sanchar Nigam Ltd. Vs. Bhurumal reported in (2014) 7 SCC 177 ; in the case of Bhavnagar Municipal Corporation and Others Vs. Bhurumal reported in (2014) 7 SCC 177 ; in the case of Bhavnagar Municipal Corporation and Others Vs. Jadeja Govubha Chhanubha and Another reported in (2014) 16 SCC 130 and the recent decision of the Hon’ble Supreme Court in the case of District Development Officer and Another Vs. Satish Kantilal Amrelia in Civil Appeal No. 19857 and 19858 of 2017, there is a broad consensus between the learned advocates appearing on behalf of the respective parties to award a total sum of Rs.2 lakhs by way of lumpsum compensation in lieu of reinstatement, back-wages and continuity, and therefore, the learned advocates appearing on behalf of the respective parties have requested to modify the impugned judgment and order passed by the learned Single Judge as well as the respective judgment and awards passed by the learned Labour Court, Bhavnagar. 6. In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties, all these Appeals are partly allowed. The impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 12932/2009 and Special Civil Application No. 12929/2009 as well as the respective judgment and awards passed by the learned Labour Court, Bhavnagar in Reference (LCB) No. 506/1990 and Reference (LCB) No. 509/1990 are hereby modified to the extent of awarding Rs.2 lakhs to the original workman – heirs of the original workman by way of lumpsum compensation in lieu of reinstatement, back wages, continuity of service etc. The aforesaid amount of Rs.2 lakhs to be deposited with the Registry of this Court within a period of six weeks from today. 7. Present Appeals are partly allowed to the aforesaid extent. No order as to costs. Civil Application Nos.11418/2017, 11907/2017 & 16129/2017 In view of disposal of the Letters Patent Appeals, no order in the Civil Applications.