LPA/1164/1998 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1164 of 1998 In SPECIAL CIVIL APPLICATION No. 8030 of 1997 With CIVIL APPLICATION No. 9009 of 1998 In LETTERS PATENT APPEAL No. 1164 of 1998 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 ? ========================================================= AEC CO LTD - Appellant(s) Versus ELECTRICITY MAJDOOR SABHA - Respondent(s) ========================================================= Appearance : Mr.S.I.Nanavati Sr. Advocate with Mr. D.G. Shukla for M/s.NANAVATI & NANAVATI for Appellant(s) : 1, MR DS VASAVADA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER LPA/1164/1998 2/4 JUDGMENT Date : 09/04/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal under Clause 15 of the Letters Patent is preferred by Ahmedabad Electricity Company Ltd., (now Torrent Power Limited) against the judgment and order dated 2nd September, 1998 passed by the learned Single Judge in above Special Civil Application No. 8030 of 1997 which arose from the judgment and award dated 20th September, 1997 passed by the Industrial Court, Ahmedabad in Reference (IC) No. 133/1992. The respondent is Electricity Mazdoor Sabha, a representative union of the workmen employed in the appellant company. 2. Both the learned advocates agree that the matters at dispute in the above referred Reference (IC) No. 133/1992 and other nine references pending before the Industrial Court have now been settled between the management and the workmen out of the Court. The Consent Terms duly signed by the Vice President (HR) and the Assistant General Manager (HR) on behalf of the management, and by Bharat Shah, General Secretary and Laljibhai Parmar, Branch LPA/1164/1998 3/4 JUDGMENT Secretary of the respondent union along with copy of the Memorandum of Settlement is placed on record. In addition, one Virabhai Becharbhai Parmar, President of the respondent union has made affidavit on 8th April, 2008 in support of the Memorandum of Settlement. Learned advocate, Mr. D.S. Vasavada has appeared for the respondent union and has placed on record copy of the minutes of the meeting of the executive committee of the union held on 7th April, 2008. He states that all the 28 members of the executive committee are present in the Court. They have agreed to the above Memorandum of Settlement. 3. The above referred consent terms, Memorandum of Settlement, affidavit made by Virubhai B. Parmar, and copy of the minutes dated 7th April, 2008 be maintained on the record of the Appeal. 4. In view of the above consent terms, the Letters Patent Appeal is allowed. The impugned judgment and order dated 2nd September, 1998 passed by the learned Single Judge is quashed and set aside. The Special Civil Application No. 8030 of 1997 is allowed. The award dated 20th September, 1997 made by LPA/1164/1998 4/4 JUDGMENT the Industrial Court, Ahmedabad in Reference (IC) No. 133/1992 is modified in terms of the settlement. Registry will draw the modified award in terms of the settlement. 5. The Appeal and the Civil Application stand disposed of. The parties will bear their own cost. [ Ms. R.M. Doshit, J.] [ K.M. Thaker, J. ] rmr.