1. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged legality and validity of the award passed by the Labour Court, Palanpur in Reference (LCP) No. 97 of 1996 dated 31.8.2000.
2. It is required to be noted that in fact the present writ petition came to be disposed of by judgment and order dated 13.2.2006 passed by this Court (Coram : K.S. Jhaveri, J.). The petitioner herein challenged the said judgment and order dated 13.2.2006 before the Hon'ble Supreme Court by way of filing Civil Appeal No.6073 of 2010 (Special Leave Petition (Civil) No(s).9948 of 2007). The Hon'ble Supreme Court vide order dated 23.7.2010 was pleased to quash and set aside the earlier judgment and order dated 13.2.2006 and remand the matter for rehearing before this Court.
3. The matter was in fact heard for final hearing again before this Court. During the course of hearing, because of efforts made by the learned advocate for the petitioner as well as learned advocate for the workman, the parties have been able to work out a solution. By judgment and award passed by the Presiding Officer, Labour Court, Palanpur in Reference (LCP) No.97 of 1996 dated 31.8.2000, impugned in the present petition, as aforesaid, the Labour Court was pleased to direct the petitioner to reinstate the respondent workman with 25% back wages with continuity of service and all other consequential benefits. It is agreed that the said award be substituted and modified, whereby the petitioner agrees to pay a sum of Rs.1,00,000/- (Rupees one lac only) in lieu of reinstatement with 25% back wages and all other consequential benefits including all legal dues. Mr. D.G. Chauhan, learned advocate for the petitioner as well as Mr. K.D. Pandya, learned advocate for the respondent workman pointed out that the parties have amicably settled the issue, as aforesaid, out of Court.
4. This order is passed in presence of the respondent workman - Shri Champaklal Himmatrai Joshi, as identified by Mr. K.D. Pandya, learned advocate for the respondent workman. Mr. D.G. Chauhan, on instructions from the Administrative Officer of the petitioner, states that the petitioner shall pay the aforesaid amount of award as substituted by this order of Rs.1,00,000/- (Rupees one lac only) within a period of six weeks from today i.e. latest by 30.4.2012.
5. With these observations, the petition is disposed of. Rule discharged with no order as to costs. Direct service is permitted.
6. It would be open for both the parties to revive the petition in case of any difficulty.
Order in Civil Application:-
In view of the order passed in the main matter, the Civil Application does not survive and the same is disposed of as having become infructuous.
[R.M.CHHAYA, J.] mrpandya Top