SCA/6373/2002 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6373 of 2002 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 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 - Petitioner Versus KAILASBEN MAHENDRAPRASAD JANI - Respondent ========================================================= Appearance : MR ASHISH M DAGLI for Petitioner : 1, None for Respondent : 1, MR GK RATHOD for Respondent : 1.2.1,1.2.2 ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 17/10/2008 ORAL JUDGMENT 1. Heard learned counsel for the parties. SCA/6373/2002 2/4 JUDGMENT 2. The petitioner – Gujarat State Road Transport Corporation has challenged the Award dated 10.9.2001 passed by the Presiding Officer, Labour Court, Ahmedabad in Recovery Application No. 2225 of 1999. 3. The respondent workman had been dismissed from services on account of misconduct on 6.2.1982. The order of dismissal was a subject matter of industrial dispute being Reference (LCA) 797 of 1990. The Labour Court decided that the dismissal was wrongful and ordered reinstatement with continuity of service and awarded 30% of back wages as per his last drawn wages. The petitioner hereinabove challenged the said Award by preferring Special Civil Application No. 8680 of 1996. This Court vide order dated 30.4.1997 modified the said Award impugned therein and instead of reinstatement the workman was ordered to be paid 50% back wages and it was further clarified thereunder that the workman would be entitled to other retiral benefits. This order passed by this Court (Coram: J.M.Panchal, J.)(as he then was) dated 30.4.1997 in Special Civil Application No. 8680 of 1996 was challenged in Letters Patent Appeal No. 817 of 1997, wherein, the Division Bench vide its order dated 2.2.1998 partly allowed the appeal and reduced the percentage of back wages ordered from 50% to that of 40%. However, it was observed specifically that rest of the order passed by SCA/6373/2002 3/4 JUDGMENT learned Single Judge was not disturbed. For the amount remained unpaid, the workman was constrained to file Recovery Application No. 2225 of 1999, whereunder the Labour Court has observed that no document is produced whatsoever indicating that the amount is paid to the workman. 4. Today, Shri Dagli, learned counsel appearing for the petitioner under instructions of his client submitted at bar that the amount as per the order passed by this Court has already been paid to the workman and which has been claimed to be outstanding in the Recovery Application has in fact been paid by the petitioner and in fact, the documents indicating the payment could not be produced before the Court and therefore, the impugned order came to be passed. He states that total amount of Rs.1,55,678/- includes back wages and other outstanding amount towards gratuity and other retiral benefits, which is in consonance with the order of this Court, is paid to the workman. Hence, this petition may be disposed of accordingly. 5. Shri Rathod, learned counsel appearing for the respondent submits that he has no instructions in this behalf. However, liberty be reserved to respective parties to move appropriate application in case of difficulty in future. SCA/6373/2002 4/4 JUDGMENT 6. In view of this, petition is disposed of. Rule is discharged. Interim relief, if any, stands vacated forthwith. The parties are at liberty to approach the Court in case the aforesaid information is found to be incorrect. However, there shall be no order as to costs. (S.R.BRAHMBHATT, J.) pallav