SCA/12112/2003 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 12112 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE H.K.RATHOD ===================================================== 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 ? ===================================================== JIVRAJ MEHTA SMARAK HEALTH FOUNDATION - Petitioner(s) Versus HARILAL VIRABHAI RATHOD - Respondent(s) ===================================================== Appearance : MR DIPAK R DAVE for Petitioner(s) : 1, MR AK CLERK for Respondent(s) : 1, ===================================================== CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 04/02/2008 SCA/12112/2003 2/5 JUDGMENT ORAL JUDGMENT 1. Heard learned Advocate Mr. DR Dave for the petitioner and Mr. AK Clerk, learned Advocate for the respondent. 2. Through this petition, the petitioner JIVRAJ MEHTA SMARAK HEALTH FOUNDATION has challenged the award made by the labour court, Ahmedabad in Reference NO. 102 of 1996 dated 14.11.2002 wherein the labour court has set aside the termination order and granted 100 per cent means full back back wages till the date of retirement dated 23.2.2002 with other consequential benefits. As the respondent workman has approached the age of superannuation in between, labour court has not granted reinstatement to the workman. 3. This Court passed following order in this matter on 28th April, 2004: “ Heard Mr. Dave for the petitioner and Mr.Clerk for respondent for interim relief. 2. Considering the facts and circumstances of the case, the interim relief shall be in terms of para 8(B)on condition that the petitioner deposits 50% of ordered back wages within a period of four weeks from today. It is further directed that as and when the amount is deposited, same shall be invested in FDR with Nationalised Bank by the office initially for a period of one year. Matter shall be listed for final hearing on 25.8.04. 3. After the amount is deposited and if the matter is not heard within reasonable time, it would be open to the respondent to move this court for considering the case for disbursement of interest.” 4. Learned Advocate Mr. Dave for the petitioner submitted that in view of the directions issued by this court, petitioner has deposited 50 per cent of the amount of back wages which comes to Rs.45113.00 in the registry of this court on SCA/12112/2003 3/5 JUDGMENT 27.5.2004. 4. I have considered the submissions made by both the learned advocates. I have also perused the impugned award made by the labour court. At present, respondent workman is aged about 70 years and 50 per cent of the amount of back wages awarded by the labour court is already deposited by the petitioner in the registry of this court pursuant to the directions issued by this court on 28.4.2004. Therefore, considering the facts and circumstances of the present case as a whole, a suggestion was made by this court to the petitioner trust to work out some figure or to leave it to the discretion of the court and settle the matter accordingly because it is in the interest of both the parties as the workman is aged about 70 years and looking to his condition, expeditious disposal of the matter is in the interest of both the parties. 5. Learned Advocate Mr. Dave for the petitioner has submitted that the feeling of this court was communicated by him to the petitioner trust and the petitioner trust has addressed one letter to him dated 2.2.2008 wherein it is stated that whatever decision given in SCA No. 12112 of 2003 i.e. Present petition by this court is binding to the trustees and he was asked to make prayer before the court accordingly. He produced copy of the said letter dated 2.2.2008 before this court which is ordered to be taken on the record of this petition. Therefore, based upon the said letter, he submits that the petitioner is leaving it to the discretion of this court to determine the figure and whatever figure determined by this court will be binding to the petitioner. He also submits that the petitioner has no objection if the amount deposited by the petitioner in the registry of this court is paid to the respondent workman with interest accrued thereon, if any, while determining the figure by this court. Learned Advocate Mr. Clerk for the respondent has, as per the instructions from the respondent who is also present before this court, left it to the discretion of this court to determine the figure and the same will be binding to the respondent workman. Learned SCA/12112/2003 4/5 JUDGMENT Advocate Mr. Dave for the petitioner submits that the workman has worked with the petitioner for a period of about three years and interim period is coming to about seven years or so. As per his submission, the respondent was working with the petitioner as a store attendant on a permanent post. 6. Considering the facts as discussed by the labour court and also considering the present situation of the workman and also considering the fact that the petitioner is a trust rendering services to the society by providing medical treatment, according to my opinion, it would be just and proper if the award of back wages for a period is modified by directing the petitioner to pay 85 % back wages for interim period instead of 100 per cent back wages which were granted by the labour court. 7. Accordingly, for the reasons recorded hereinabove, the award made by the labour court, Ahmedabad in Reference NO. 102 of 1996 dated 14.11.2002 is hereby modified and petitioner is directed to pay 85 per cent back wages to the respondent workman for interim period within one month from the date of receipt of copy of this order. Registry of this court is directed to pay the amount of Rs.45,113.00 (Rupees forty five thousand one hundred thirteen only) which has been deposited by the petitioner pursuant to orders of this court dated 28.4.2004 to the respondent workman Shri Harilal Virabhai Rathod, who will be identified by the learned advocate Mr. AK Clerk, by way of an account payee cheque with interest accrued thereon, if any, immediately and without any delay. Petitioner is directed to pay the remaining 35% amount of back wages to the respondent workman Shri Harilal Virabhai Rathod by way of an account payee cheque drawn in his favour of the respondent workman within one month from the date of receipt of copy of this order. Award in question stands modified accordingly. Rule is made absolute in terms indicated herein above with no order as to costs. (H.K. Rathod,J.) SCA/12112/2003 5/5 JUDGMENT Vyas