Heard learned advocates appearing on behalf of respective parties.
The note for speaking to minute is filed by learned advocate Mr. V.C. Vaghela appearing on behalf of petitioner in both petitions in respect of order passed by this Court on 27th April, 2011, where, apprehension has been voiced by learned advocate Mr. Vaghela that while allowing petition, this Court has not quashed and set aside award to the extent reinstatement of respondent. Such apprehension is based on misconception of law, because, this Court has modified award passed by Labour Court, Amreli in both References being Reference (LCA) No.27 of 2005, Ex.52 and Reference (LCA) No.29 of 2005, Ex.52 which are modified to the effect that instead of paying Rs.30,000/- compensation in lieu of reinstatement and back wages of interim period, it should be paid Rs.50,000/- to workman.
Initially, Labour Court has not granted relief of reinstatement and back wages in favour of workman, but, instead of that only Rs.30,000/- which has been awarded being a lump-sum compensation, that compensation is only enhanced by this Court, therefore, question of quashing and setting aside award to the extent of reinstatement of respondent does not arise.
Once rule is made absolute and petition is allowed, original award in question is considered to be set aside impliedly to aforesaid extent.
Therefore, note for speaking to minute is accordingly disposed of.
[H.K.
RATHOD, J.] #Dave Top