SCA/1158/1999 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1158 of 1999 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 ========================================================= R M ENGINEERING WORKS - Petitioner(s) Versus VIRAMBHAI BHAGWANBHAI & 3 - Respondent(s) ========================================================= Appearance : NANAVATI ASSOCIATES for Petitioner(s) : 1, MR TR MISHRA for Respondent(s) : 1 - 4. MR DS CHAUHAN for Respondent(s) : 1 - 4. MR UT MISHRA for Respondent(s) : 1 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/05/2008 ORAL JUDGMENT SCA/1158/1999 2/3 JUDGMENT 1. Today when the matter is called out, learned advocates appearing for the respective parties have jointly submitted that, so far as the petitioners No.1,2 and 3 are concerned, the dispute is amicably settled between the parties, and so far as petitioner No.1 is concerned, the order was already passed earlier, and so far as petitioners No.2 and 3 are concerned, they have produced on record the consent terms by which the petitioners have agreed to pay Rs.1,60,000/- to the respective respondents No.2 and 3 which is already paid to them. The consent terms which has been signed by the respective parties is directed to be taken on record. Accordingly, so far as respondents No.2 and 3 are concerned, the impugned judgment and award passed by the Labour Court is modified to the aforesaid extent and in terms of the consent terms. 2. So far as respondent No.4 is concerned, Mr.T.R.Mishra, learned advocate appearing on behalf of him has stated that he has already been reinstated on duty immediately after filing the petition, and so far as back wages payable to him is concerned, the parties were negotiating to settle the dispute. However, there is no further instructions. Under the circumstances, so far as reinstatement is concerned, the impugned judgment and award is confirmed, and so far as SCA/1158/1999 3/3 JUDGMENT back wages are concerned, it will be open for the respondent No.4 to initiate appropriate proceedings and negotiate with the petitioners. 3. With these, present Special Civil Application is disposed of with the modification of the judgment and award impugned in the present Special Civil Application to the aforesaid extent. Rule is discharged. There shall be no order as to costs. ( M.R. SHAH, J. ) syed/