SCA/8893/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8893 of 2008 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 ? ========================================================= JUNAGADH DISTRICT COOPERATIVE BANK LIMITED - Petitioner Versus RAMESHCHANDRA POPATLAL KAMDAR & 1 - Respondents ========================================================= Appearance : MR GM AMIN for Petitioner : 1, MR PRANAV M RAVAL for Respondent : 1, MS PARUL P VASAVADA for Respondent : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 16/12/2008 ORAL JUDGMENT 1. Rule. Mr. Pranav M. Raval, learned advocate SCA/8893/2008 2/3 JUDGMENT waives service of Rule on behalf of respondent No. 1 and Ms. Parul P. Vasavada, learned advocate for respondent No. 2 waives service of Rule on behalf of respondent No. 2. By consent of the learned advocates for the parties, Rule is fixed forthwith. 2. Learned counsel for the petitioner as well as learned counsel for respondent No. 2 have submitted jointly that the matter could be disposed of as the Award impugned at many a places is not clear. The real issue with regard to entitlement of the workman for salary and wages for the leave period in form of leave encashment is to be determined on the basis of the applicable provisions of law and both the parties here before me are at idem that BIR Act is applicable and the Court has invoked BCSR for entitling the workman. 3. In view of this, without going into the merits of the matter in detail, suffice it to say that the matter deserves to be remanded back to the concerned court for deciding it afresh within period of 6 months from the date of receipt of the order. The order impugned is hereby quashed and set aside. It is clarified that the parties contentions are open and they are permitted to take up any contention admissible under law in support of their cases. The matter is disposed of accordingly. Rule is made absolute to the SCA/8893/2008 3/3 JUDGMENT aforesaid extent. There shall be no order as to costs. (S.R.BRAHMBHATT, J.) pallav