Gujarat High Court
SCA/5725/1999 of ADMINISTRATIVE OFFICER Vs HEIRS OF LATE GORDHANDAS BULAKHIDAS PARMAR on 25 November 1999
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5725 of 1999 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
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 5725 of 1999
For Approval and Signature:
Hon'ble MR.JUSTICE M.C.PATEL Sd/-
============================================================
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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 Order madJJJJ
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5. Whether it is to be circulated to the Civil Judge? : NO
Nos.1 to 5 No
-------------------------------------------------------------- ADMINISTRATIVE OFFICER
Versus
HEIRS OF LATE GORDHANDAS BULAKHIDAS PARMAR
-------------------------------------------------------------- Appearance:
MR AD OZA for Petitioner
MS RUKHSANA M PATHAN for Respondent No. 1
-------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL
Date of decision: 25/11/1999
ORAL JUDGEMENT
Rule. Ms.Rukhsana M.Pathan waives service of Rule for respondents. At the request of the learned Counsel for the parties the matter is taken up for final hearing. The learned Counsel for the petitioner rightly contends that the Labour Court could not have directed the petitioner to give appointment to the son of the workman who died during the pendency of the reference particularly when it was not the subject matter of the dispute. The learned Counsel for the respondents could not seriously challenge this contention. In the circumstances, the order passed by the Labour Court directing the petitioner to give appointment to the son of the deceased workman is set aside. It will be open to the son of the deceased workmn to pursue his claim for appointment on compassionate ground in appropriate proceedings. The Labour Court has awarded only 25% of the backwages in view of its direction to give compassionate appointment to the son of the deceased workman. Since the said direction is being set aside, the amount of backwages awarded is increased from 25% to 50%. The award of the Labour Court shall stand modified accordingly. The rest of the award is confirmed. The Labour Court has directed that the provident fund, gratuity and other benefits may be paid to the widow of the deceased workman. The petitioner shall comply with the award within two months. Rule made absolute accordingly.
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