SCA/28335/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 28335 of 2007 For Approval and Signature: 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 ? ========================================================= AHMEDABAD DISTRICT CO.OP. MILK PRODUCERS UNION LIMITED & 1 - Petitioner(s) Versus KANTIBHAI SOMABHAI VAGHELA - Respondent(s) ========================================================= Appearance : MR BS PATEL for Petitioner(s) : 1 - 2.MRS RANJAN B PATEL for Petitioner(s) : 1 - 2. MR TR MISHRA for Respondent(s) : 1, MR UT MISHRA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 04/08/2008 ORAL JUDGMENT The petitioner – Ahmedabad District Cooperative Milk Producers Union Limited has challenged the award dated 31.1.2007 by which the labour court, Ahmedabad has directed the present petitioner to reinstate the respondent on his original post with continuity of SCA/28335/2007 2/4 JUDGMENT service and has also directed the petitioner to pay 10% of back wages to the respondent. Aggrieved by the said award, the petitioner has preferred present petition and challenged the award on diverse grounds. Mr. BS Patel appears for the petitioner and Mr. UT Mishra appears for the respondent. Mr. Patel submitted that the petitioner has already reinstated the respondent as daily wager pursuant to the order dated 11.4.2008 and by the said order the petition has been admitted and ad-interim relief in terms of paragraph 9(B) qua back wages has been be granted. Today, Mr. Patel and Mr. Mishra jointly submitted that a consensus has been arrived at between the parties. Mr. Patel submitted the petitioner has agreed to reinstate the respondent on his original post on daily wage basis on the same terms and conditions on which he was employed earlier and the petitioner has agreed to drop the contentions against the direction for reinstatement while the SCA/28335/2007 3/4 JUDGMENT respondent has agreed to drop the claim for backwages and to forgo the benefit of 10% of back wages granted by the trial court. Mr. Mishra submitted that his client is ready and agreeable to accept the said appointment and that his client is also ready to forgo the right of back wages flowing from the award since the petitioner has reinstated the respondent and agrees to place him in the same position on which he was prior to his termination. Mr. Patel has, on behalf of his client, agreed to and accepted the said request. Accordingly, in light of and in terms of the aforesaid consensus the petition stands disposed of as per the joint request of both sides. The impugned award stands modified so far as direction for back wages is concerned and the respondent has, for all times and for all purpose waived the right and benefit of 10% back wages awarded by the said award and the petitioner drops the challenge against direction for reinstatement and since the petitioner has already reinstated the respondent on the same terms and conditions on which he was engaged prior to SCA/28335/2007 4/4 JUDGMENT termination, the petitioner shall now place the respondent on the same post and position. With the aforesaid observations and clarifications, the petition is disposed. Rule discharged. Ad-interim relief stands vacated forthwith. No order as to costs. kdc [K.M.Thaker, J.]