SCA/10260/2007 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10260 of 2007 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 ? ========================================================= DIVISIONAL CONTROLLER - Petitioner Versus ASHOKKUMAR KESHABHAI PATEL - Respondent ========================================================= Appearance : MS SEJAL K MANDAVIA for Petitioner MR GK RATHOD for Respondent MR MUKESH H RATHOD for Respondent ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 25/11/2008 ORAL JUDGMENT 1. The counsel for both the parties have made joint request for disposing of this matter in terms of SCA/10260/2007 2/2 JUDGMENT the settlement arrived at between the parties. The settlement is duly signed by appropriate authority and copy thereof is forwarded to the counsel for the petitioner. The same is sought to be relied upon for making appropriate modification in the Award in terms of the settlement. The same is ordered to be taken on record. 2. In view of the settlement, the award impugned passed by the Labour Court is hereby modified and the punishment of stoppage of two increments with future effect is substituted for that of dismissal, originally passed by the authority. The award impugned in this matter is accordingly stands modified. Rest of the Award will remain as it is. In view of this modification, the workman shall be reinstated within 30 days from today. Special Civil Application is disposed of accordingly. Rule is made absolute to the aforesaid extent. (S.R.BRAHMBHATT, J.) pallav