SCA/2705/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 2705 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= SHAKTI INTERNATIONAL - Petitioner(s) Versus GOPAL RAMKRISHNA TIWARI - Respondent(s) ========================================================= Appearance : MS SANDHYA D NATANI for Petitioner(s) : 1, MR KR KOSHTI for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 17/07/2008 ORAL JUDGMENT 1. Considering the controversy in the petition, Rule. At the request of and with consent of the parties, petition is taken up for final hearing today. After some arguments by both the sides, a consensus between petitioner and respondent has been arrived at. SCA/2705/2008 2/4 JUDGMENT In view of the consensus between the parties, it is agreed that on the terms and conditions mentioned hereinbelow the orders in miscellaneous application for restoration and the ex-parte award may be set aside and the matter may be remanded for adjudication of the Reference on merits within a fixed time limit. In view of the said consensus, the following order is issued; (1) The amount of Rs. 10,000/- deposited by the petitioner in pursuance of the order dated 11th April 2008 shall be allowed to be withdrawn by and paid to the respondent herein. The said amount will not be refundable and/or will not qualify for being adjusted against any future liability if imposed by the Labour Court; (2) In addition to and apart from said amount of Rs. 10,000/- the petitioner shall also pay an amount of Rs. 10,000/- on or before 4th August, 2008 to the respondent, which amount also shall not be refundable and/or shall not qualify for being adjusted against any future liability which may be imposed by the Labour Court after final adjudication of the Reference. Even if any direction imposing financial obligation is not cast by the Labour Court in the final award after adjudication of the Reference, then also the aforesaid amounts will not be refundable/adjustable; (3) The petitioner shall deposit with the Labour Court 15% of the amount awarded by virtue of the ex-parte award, in the Labour Court on or before 22nd August, 2008. The said amount SCA/2705/2008 3/4 JUDGMENT shall remain deposited with the Labour Court and will not be paid or disbursed to the respondent. If any award imposing any financial liability is passed by the Labour Court, then, subject to the petitioner's right to challenge such award and subject to any order that may be passed by the Court in which the award is challenged, the said amount may be disbursed by the Labour Court as per its satisfaction and decision including the purpose of complying with the direction of the award. It is, at the cost of repetition, clarified that the said amount shall not be disbursed until such reasonable time which may be necessary for the petitioner herein to challenge the award if it desires to do so and the release of the amount shall be subject to the order that may be passed by the Court where award is challenged. (4) Upon the petitioner depositing the amount of Rs. 10,000/- before the Labour Court and the order dated 20.12.2007 passed in Miscellaneous Application No. 114/2006 and the award dated 3.6.2006 passed by the Labour Court in Reference (LCS) No. 208 of 2003 shall stand set aside and the proceedings of Reference (LCS) No. 208 of 2003 shall be restored to file and the Labour Court shall decide the same in accordance with law after affording opportunity of hearing to both sides. 2. Ms. Sandhya Natani for the petitioner has assured this Court that the petitioner shall not ask for any unnecessary adjournments or delay the proceedings before the Labour Court SCA/2705/2008 4/4 JUDGMENT and shall cooperate for early disposal of the Reference proceedings. Mr. Koshti has stated that the respondent will also cooperate in early conclusion of the proceedings before the Labour Court and shall not delay the proceedings. In view of such assurance of both sides, the Labour Court is requested to conclude the proceedings of the subject Reference at least by 31st December, 2008. 3. With the aforesaid directions, the petition is allowed. Rule is made absolute to the aforesaid extent. Mr. Koshti requested that the petitioner may be directed to reinstate the respondent during the pendency of the Reference proceedings before the Labour Court. Since the Reference proceedings are restored on the aforesaid conditions and are directed to be decided on merits, it would not be for this Court to give any such directions, however, it would be open for the petitioner to consider the said request of the respondent to reinstate him during the pendency of the proceedings, of course, without prejudice to its rights and contentions and subject to the outcome of the Reference proceedings. [ K.M. Thaker, J. ] rmr.