LPA/1103/2004 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1103 of 2004 In SPECIAL CIVIL APPLICATION No. 16920 of 2003 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT 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 ? ========================================================= GUJARAT STATE ROAD TRANSPORT CORPORATION - Appellant(s) Versus CHUNILAL SHANKERBHAI PRAJAPATI - Respondent(s) ========================================================= Appearance : MR DIPEN A DESAI for Appellant(s) : 1, MR MUKESH H.RATHOD for MR GK RATHOD for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 28/02/2008 LPA/1103/2004 2/6 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal preferred under clause 15 of the Letters Patent arises from the judgment and order dated 8th December, 2003 passed by the learned Single Judge in above Special Civil Application No.16920/2003. The appellant before this Court is the Gujarat State Road Transport Corporation (hereinafter referred to as, “the Corporation”). The respondent is the concerned workman. The Workman was engaged by the Corporation as daily rated labourer for some time. The matter arises from the claim made by the workman that he had been continuously serving under the Corporation since 1979. Nevertheless, in the year 1987 his service came to be terminated without following due procedure. The dispute raised by the workman was referred to the Labour Court, Vadodara and registered as Reference (LCV) No.455/1988. The said reference has been decided in favour of the workman. By award made on 5th March, 2003, the Corporation was directed to reinstate the workman in service and to pay him 40% of the backwages and the LPA/1103/2004 3/6 JUDGMENT cost of Rs.4,000=00. The writ petition preferred by the Corporation has been dismissed by the learned Single Judge with cost of Rs.7,500=00. Therefore, the present Appeal. It is evident that before the Labour Court, the Corporation was indolent. Though the reference was made in the year 1988, the Corporation did not file its written statement until by an express order made by the Court, the Corporation's right to file written statement was closed. By order made on application Exh.13, the Corporation was permitted to file written statement on condition that it paid cost of Rs.500=00 to the workman. The Corporation did file the written statement but did not pay cost of Rs.500=00 to the workman as directed by the Court. The Court, therefore, did not consider the defence put-forth by the Corporation and made award in favour of the workman. Before the learned Single Judge also the Corporation seems to have offended the Court by taking inappropriate defence. The learned advocate Mr.Desai has admitted that till the date the Corporation has not paid the amount LPA/1103/2004 4/6 JUDGMENT of cost to the workman. In the circumstances, we consider it expedient that the reference be heard on merits after giving due opportunity to both the parties. Nevertheless, it should be noted that it is the negligence and indifference on the part of the Corporation which has resulted into multiple proceedings, waste of the time of the Courts and avoidable expenses. In above view of the matter, we allow this Appeal. The impugned judgment and order of the learned Single Judge passed on 8th December, 2003 in Special Civil Application No.16920/2003 is quashed and set-aside. The Special Civil Application No.16920/2003 is allowed. The judgment and award dated 5th March, 2003 passed by the Labour Court, Vadodara in Reference (LCV) No.455/1988 is quashed and set-aside. The Reference (LCV) No.455/1988 is revived. The said reference is remanded to the Labour Court, Vadodara for hearing and decision afresh after affording due opportunity to both the parties. The written statement filed by the Corporation will be taken on record of the reference. LPA/1103/2004 5/6 JUDGMENT This order is made on conditions : (1) the Corporation will, on or before 31st March, 2008, pay a cost of Rs.20,000=00 to the workman; (2) the Corporation will, on or before 31st March, 2008, pay cost of Rs.10,000=00 to the State Government. The cost to the State Government will be deposited in the Government Treasury. The reference will stand revived on the files of the Labour Court on production of receipts of the payment of cost mentioned above. After revival of the reference, the Corporation will attend the reference regularly without default. In the event the Corporation fails to pay the costs as directed hereinabove, this order will be rendered ineffective and the present Appeal will stand dismissed automatically. The sum of Rs.2,000=00 deposited by the Corporation in this Court pursuant to the order dated 25th February, 2005 made on Civil Application No.3663/2004 (Coram: M.S.Shah and D.H.Waghela, JJ.) be remitted to the appellant- Corporation (Ms. R.M.Doshit, J.) LPA/1103/2004 6/6 JUDGMENT (K.M.Thaker, J.) /moin