BHARATBHAI BHUPATBHAI NAGARBHAI Vs. THANGADH MUNICIPAL BOROUGH

JUDGEMENT

(1.) HEARD learned Advocate Mr.Yogen N Pandya, for the petitioner. Petitioner, son of deceased ? workman, who died on 18/02/2011, is before this Court being aggrieved by judgment and order dated 05/07/2010 passed by the learned Labour Court, Surendranagar in Reference (LCS) No.8 of 2004, a copy of which is produced at Annexure ? A whereby the learned Judge of the Labour Court was pleased to reject the reference. 1.1 Learned Advocate for the petitioner submitted that the learned Judge of the Labour Court has committed an error in rejecting the reference. Learned Advocate for the petitioner submitted that the learned Judge has overlooked the fact that deceased ? workman was serving with respondent ? Nagar Palika for about 13 years before his termination and on the date of termination his salary was Rs.84/- per day and Rs.2520/- per month.

(2.) MATTER requires consideration. RULE. Learned Advocate Mr.Dhaval D Vyas for respondent ? Nagar Palika waives service of notice of Rule. On a request made by learned Advocate for the petitioner matter is taken up for final hearing, to which learned Advocate for the respondent has no objection.

(3.) HAVING perused the award and order impugned in the petition, this Court is of the opinion that it will be in the fitness of things if the respondent ? Nagar Palika is directed to pay lump sum compensation to the petitioner ? son of deceased workman is awarded, which will meet the ends of justice. 5.1 Taking into consideration the rival submission, respondent ? Nagar Palika is directed to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the heirs of the deceased workman. As this amount ought to have been paid at the time of termination of service of deceased workman, the Court deems it proper to award 10% interest on the amount of Rs.25,000/- which brings the figure at Rs.45,000/- (Rupees Forty Five Thousand Only). 5.2 Learned Advocate for the petitioner submitted that respondent ? Nagar Palika may be directed to pay the aforesaid amount of Rs.45,000/- at the earliest. Request is granted. Respondent ? Nagar Palika to pay the said amount, as early as possible, but not later than 17/10/2011. Rule is made absolute to the aforesaid extent. Direct Service is permitted.