LPA/1647/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1647 of 2007 In SPECIAL CIVIL APPLICATION No. 754 of 1999 With CIVIL APPLICATION No. 11501 of 2007 In LETTERS PATENT APPEAL No. 1647 of 2007 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 TRACTOR CORPORATION - Appellant(s) Versus HASMUKHBHAI DALSUKHBHAI SHAH - Respondent(s) ========================================================= Appearance : Mr.Nandish Chudgar for NANAVATI ASSOCIATES for Appellant(s): 1, Mr.Aniruddh Mavlankar for GIRISH PATEL ASSOC for Respondent(s):1 ========================================================= CORAM : HONOURABLE MS.JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER LPA/1647/2007 2/4 JUDGMENT Date : 06/02/2008 ORAL JUDGMENT (Per : HONOURABLE MS.JUSTICE R.M. DOSHIT) Heard the learned advocates. 2. The appellant, Gujarat Tractor Corporation, has preferred the present Appeal under Clause 15 of the Letters Patent against the judgment and order dated 8th August, 2007, passed by the learned Single Judge in above Special Civil Application No. 754 of 1999. By impugned order, the appellant industry has been ordered to reinstate the workman in service and to pay 50% of the last drawn wages pending the legal proceedings. 3. The dispute centers around the order of transfer made on 23rd June, 1991 directing the workman, a supervisor in the Machine Shop to report for duty in Assembly Shop in the same premises. Pending the proceedings, the dispute has been amicably settled between the parties. Mr. Mavlankar has appeared for the respondent workman. He states that the respondent workman is ready and willing to report for duty in Assembly Shop, as directed by order dated 23rd June, 1991. He further states that the workman does not claim wages or any part of it from the date of transfer till LPA/1647/2007 3/4 JUDGMENT the date he reports for duty hereafter. Mr. Chudgar has appeared for the appellant industry. He has submitted that, it is true that pursuant to the order of tranfer dated 23rd June, 1991, the workman did not report for duty at Assembly Shop. Nevertheless, the appellant has not terminated the service of the workman, the question of reinstatement in service does not arise. He agrees that, as and when the workman reports for duty at Assembly Shop, he would be allowed to join duty with continuity in service. He will be paid the salary at the prevailing rate. Mr. Chudgar has submitted that, as per the prevailing rates of wages, the workman will be paid wages and allowance totalling to Rs. 8987.50 ps. Mr. Mavlankar has submitted that, the workman agrees that on joining the duty, he be paid the salary, as stated by Mr. Chudgar. 4. In view of the above consensus arrived at between the learned advocates, we allow this Appeal. The impugned judgment and order dated 8th August, 2007, passed by the learned Single Judge, is quashed and set aside. The Special Civil Application No. 754 of 1999 is allowed to the extent that the award dated 20th August, 1998, passed by the Labour Court, Vadodara, in Reference No. 124 of 1992, will stand modified in the above terms. The LPA/1647/2007 4/4 JUDGMENT workman will report for duty latest by 15th February, 2008. Civil Application stands disposed of. [ Ms. R.M. Doshit, J. ] [ K.M. Thaker, J. ] rmr.