SCA/3767/1997 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3767 of 1997 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 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 ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= CB SOM & 1 - Petitioner(s) Versus VD PUNEKAR & 1 - Respondent(s) ========================================================= Appearance : MR KH BAXI for Petitioner(s) : 1 - 2. MR MUKESH H RATHOD for Respondent(s) : 1, MR AMIT P.PATEL, AGP for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 09/05/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioners have prayed for an appropriate writ, order or direction, quashing and setting SCA/3767/1997 2/4 JUDGMENT aside the judgment and award dated 21.9.1995 passed by the Labour Court, Ahmedabad, passed in Reference L.C.A. No.1889 of 1989 directing the petitioners to reinstate the respondent-workman with full back wages. 2. It is not in dispute that the impugned judgment and award passed by the Labour Court is an ex-parte award. There are some triable issues which are required to be dealt with and considered in detail on leading proper evidence by both the sides. Under the circumstances and in the facts and circumstances of the case, learned advocates appearing on behalf of the respective parties have jointly requested to remand the matter to the Labour Court for deciding the same afresh in accordance with law and on merits, without expressing any opinion on merits as the same may affect either side at the time of deciding the reference by the Labour Court. 3. Mr.Mukesh Rathod, learned advocate appearing on behalf of respondent-workman has submitted that, in the facts and circumstances of the case, the interim arrangement of the benefit under Section 17-B of the Industrial Disputes Act be continued till the final disposal of the reference by the Labour SCA/3767/1997 3/4 JUDGMENT Court on remand. 4. At the same time. Mr.K.H.Baxi, learned advocate appearing on behalf of the petitioners has submitted that, if this Court is of the opinion that the interim arrangement be continued, some suitable observations be made to the effect that the same will be without prejudice to the rights and contentions of the respective parties so that the same may not come in the way of the petitioners at the time of reference. 5. In view of the above, the impugned judgment and award dated 21.9.1995 passed by the Labour Court, Ahmedabad, passed in Reference L.C.A. No.1889 of 1989 inclusive of all other consequential order are hereby quashed and set aside. The matter is remanded to the Labour Court, Ahmedabad for deciding the same afresh in accordance with law and on merits after giving fullest opportunity to all concerned and giving them opportunity to lead appropriate evidence. In the facts and circumstances of the case and as the alleged termination is of 1989, the Labour Court is directed to decide and dispose of the reference on remand within a period of 12 months from today. SCA/3767/1997 4/4 JUDGMENT 6. In the facts and circumstances of the case and as the respondent-workman is getting the benefit of Section 17-B since 1997, it is directed that the same may be continued to be paid to the respondent-workman till the final disposal of the reference by the Labour Court. However, it is observed that the aforesaid interim arrangement would be without prejudice to the rights and contentions of the respective parties, and while deciding the reference, the Labour Court shall decide the reference in accordance with law and on merits in any way without being influenced by the present order and/or interim arrangement. 7. Rule is made absolute to the aforesaid extent. In the facts and circumstances of the case, there shall be no order as to costs. Registry is directed to send the writ to the Labour Court immediately. ( M.R. SHAH, J. ) syed/