Rameshchandra Devshanker Joshi Since Deceased Thro'' Heirs vs Batliboi and Company and Others

Honourable Mr. K.S. Jhaveri, J.—By way of this petition, the petitioner has challenged the judgment and award dated 4th April, 2002, passed by the Labour Court, Surat, in reference (LCS) No. 64 of 1990, whereby the Labaour Court has partly allowed the said reference and directed the respondent-Company to reinstate the petitioner in service and pay the amount of gratuity. Heard learned counsel for both the parties.

In view of the decision of the Apex Court in the case of Senior Superintendent Telegraph (Traffic) Bhopal Vs. Santosh Kumar Seal and Others, , learned senior counsel appearing for the respondent-company has offered an amount of Rs. 64,000/-(sixty four thousand only) to the petitioner-workman in lieu of reinstatement in service. Learned counsel for the petitioner-workman is agreed to take the said amount in lieu of reinstatement. Therefore, the respondent-Company is directed to pay the an amount of Rs. 64,000/- by account payee cheque to the petitioner-workman within a period of one month from today. It is clarified that this Court has not disturbed the direction of the Labour court regarding payment of gratuity. In view of the above, the impugned judgment and award of the Labour Court stands substituted in terms of the above settlement. The petition stands disposed of accordingly. Rule is made absolute to the aforesaid extent.