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Judgment
Admit. Shri Dipesh Chhaya, learned advocate waives service of notice of admission on behalf of the respondent. In the facts and circumstances
of the case and with the consent of the learned advocates for the respective parties and more particularly, considering the fact that there is broad
consensus between the learned advocates for the respective parties to modify the impugned judgment and order passed by the learned Single
Judge by awarding lump sum compensation of Rs.1,20,000/, present appeal is taken up for final hearing today.
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 26.11.2015 passed in
Special Civil Application No.9103 of 2015, by which, the learned Single Judge allowed the said petition preferred by the respondent employer
and has quashed and set aside the judgment and award passed by the learned Labour Court, Bhavnagar dated 23.01.2014 passed in Reference
(LCB) No. 269 of 1999 of reinstatement with 50% back wages, the original workman has preferred present Letters Patent Appeal under Clause
15 of the Letters Patent.
Today, when the present Letters Patent Appeal is taken up for further hearing, it is reported that there is an agreement between the parties to
pay Rs.1,20,000/by way of lump sum compensation in lieu of reinstatement, back wages etc. and on such payment there shall be no claim by the
appellant against the respondent company. Therefore, it is requested to modify the impugned judgment and order passed by the learned Single
Judge accordingly.
In view of the above broad consensus between the learned advocates for the respective parties recorded herein above, present appeal is partly
allowed. The impugned judgment and order passed by the learned Single Judge passed in Special Civil Application No.9103 of 2015 is hereby
modified by awarding Rs.1,20,000/to the appellant herein original workman by way of lump sum compensation in lieu of reinstatement, back
wages etc. and by way of full and final settlement of the claim by the appellant against the respondent company. The aforesaid amount of
Rs.1,20,000/now to be deposited by the respondent company with the Registry of this Court within a period of four weeks from today and on
such deposit, the same be paid to the appellant herein by the Registry by Account Payee Cheque forth with and on filing note. As agreed between
the parties on payment of aforesaid amount of Rs.1,20,000/, there shall not be any claim by the appellant herein against the respondent company
and the aforesaid payment shall be in full and final settlement of the claim of the appellant against the respondent company. With this, present
Letters Patent Appeal is partly allowed to the aforesaid extent. No costs.