SCA/10728/1998 of HIMADRI TEXTILE MILLS Vs BABUBHAI NAGJIBHAI PATEL on 23 December 1999

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No 10728 of 1998

For Approval and Signature:

Hon'ble MR.JUSTICE M.C.PATEL Sd/-

============================================================ 1. Whether Reporters of Local Papers may be allowed : NO

to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO

of the judgement?

4. Whether this case involves a substantial question : NO

of law as to the interpretation of the Constitution of India, 1950 of any JJJJJ

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5. Whether it is to be circulated to the Civil Judge? : NO Nos. 1 to 5 No

-------------------------------------------------------------- HIMADRI TEXTILE MILLSVersus BABUBHAI NAGJIBHAI PATEL -------------------------------------------------------------- Appearance: MR SUDHIR NANAVATI FOR NANAVATI & NANAVATI for Petitioner MR KV GADHIA for Respondent No. 1

-------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL

Date of decision: 23/12/1999

Rule. Mr.K.V.Gadhia waives service of rule for respondent. By consent the petition is taken up for final hearing.

On 13.9.1999 it was stated by learned Counsel for the parties that the respondent workman can be paid some ex-gratia amount in lieu of the reinstatement and the backwages awarded by the tribunal. It is stated at the bar that manufacturing activity has been stopped with effect from 30.6.1998 and there is no question of reinstatement now. In the circumstances, the only course that can be adopted is to award the backwages from 10.3.1992 when the workman was relieved till 30.6.1996. The wages shall be paid on the basis that his services stood terminated on 30.6.1996. The direction for reinstatement and payment of cost of Rs.1500/- is deleted and the award passed by the Industrial Court shall stand modified accordingly. Rule made absolute. No order as to costs.

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m.m.bhatt