STATE OF GUJARAT Vs. ZAVERBHAI NODHABHAI BHALIYA

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioners have prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgement and award dated 10/12/2009 passed by Labour Court, Bhavnagar in Reference (LCB) No. 151/2005, by which the Labour Court has partly allowed the said Reference by directing the petitioners to reinstate the respondent with 20% backwages and with continuity in-service.

(2.) After the matter was argued by learned advocates appearing on behalf of the respective parties and considering the fact that the respondent-workman was serving as Daily Wager and considering the fact that the dispute was raised after a period of four years and considering the recent decision of the Hon'ble Supreme Court rendered in the case of Senior Superintendent Telegraph (Traffic), Bhopal, Vs. Santosh Kumar Seal and others, reported in (2010) 6 SCC 773, there is a broad consensus between the learned advocates appearing on behalf of the respective parties that the impugned judgement and award dated 10/12/2009 passed by the Labour Court, Bhavnagar be modified to the extent that in lieu of reinstatement and backwages, the respondent can be paid lumpsum compensation of Rs.50,000/-, they do not invite any further reasoned order.

(3.) In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties and even otherwise considering the facts and circumstances of the case as narrated hereinabove that the respondent was working as daily wager only and he raised the industrial dispute after a period of four years and considering the recent decision of the Hon'ble Supreme Court in the case of Santosh Kumar Seal and others (supra), the impugned judgement and award dated 10/12/2009 passed by Labour Court, Bhavnagar in Reference (LCB) No. 151/2005 is hereby modified to the extent that in lieu of reinstatement and 20% backwages with continuity in service, the respondent shall be paid lumpsum compensation, which is quantified at Rs.50,000/-, to be paid by the petitioners to the respondent- workman by Account Payee Cheque within a period of three months from today. Rule is made absolute to the aforesaid extent. No costs.