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Gajanand vs Simplex

High Court Of Gujarat|21 June, 2012
1. By way of filing this petition, the petitioner herein has challenged the order dated 27.01.2010 passed by the Appellate Court in appeal (I.C.) No. 35/09 whereby the Appellate Court has ordered to pay a sum of Rs. 70,000/- towards backwages.
2. The petitioner was working with the respondent as a Helper and he was dismissed from his services on 16.06.1980. He filed T. Application No. 429 of 1980 which was partly allowed. Thereafter, the respondent company preferred an appeal bearing no. 35/09 against the same, wherein the company was directed to pay a sum of Rs. 70,000/- to the petitioner as a lumpsump amount.
3. Mr.
R.D. Rawal has argued at length. Learned advocate for the petitioner submitted that the appellate court had committed an error granting only Rs. 70,000/- and the appellate court ought to have been substituted the award and committed and error in granting only Rs. 70,000/-.
4. As a result of hearing and perusal of the record, I am of the view that the appellate Court had considered the case in greater details. It is an admitted fact that the company has already been closed and, therefore, question of reinstatement does not arise.
5. As per the evidence on record, the service of the petitioner was only for a period of 5 years. The appellate authority has considered the total working period of the petitioner and the closure date of the respondent company and all other aspects and has come to the conclusion that a sum of Rs. 70,000/- which is a proper compensation.
6. I am, therefore, in complete agreement with the reasons adopted and finding arrived at by the Tribunal. NO case is made out to interfere with the order of Tribunal and the petition stands dismissed.
Jhaveri, J.) Amar Top
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Gajanand vs Simplex


High Court Of Gujarat

21 June, 2012