In SCA 14154/2010, the Gujarat High Court, applying consent of parties, set aside the Labour Court award and remanded the matter for fresh consideration on wages and facts within six months.
Award dated 13.11.2009 set aside; matter remanded to Labour Court, Bhavnagar to be disposed within 6 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/14154/2010 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14154 of 2010
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DIVISIONAL CONTROLLER
Versus BHAKABAI G BARAIYA THRO HIS LEGAL HEIRS & 1 other(s)
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Appearance:
MR HARDIK C RAWAL(719) for the Petitioner(s) No. 1 MR GK RATHOD(2386) for the Respondent(s) No. 1.1 MR MUKESH H RATHOD(2432) for the Respondent(s) No. 1.1 NOTICE SERVED(4) for the Respondent(s) No. 1.2 RULE NOT RECD BACK(63) for the Respondent(s) No. 1.2 RULE SERVED(64) for the Respondent(s) No. 2
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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 02/02/2021
ORAL ORDER
Heard Mr. Hardik Raval, learned advocate for the petitioner and Mr. G.K.Rathod, learned advocate for the respondent through video-conferencing.
During the course of the argument, learned advocates for the parties are at consensus that the learned Labour Court has passed the order of payment on the basis of the Circular which came into effect from 1.7.1992 and this mistake has occurred inadvertently. Learned advocates for both the sides are also fair enough to concede that the matter is required to be remanded back to the learned Labour Court to decide the factual as well as legal aspects as regards to wages in existence in the year 1980 and calculate accordingly by offering opportunity to represent their case to both the sides, with a direction to learned Labour Court to dispose of the matter within 6 months after receipt of the order of this Court.
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C/SCA/14154/2010 ORDER
At the same time, it is observed that the submission on facts as well as on legal aspects of learned advocate for both the sides are kept open. The learned Labour Court shall decided the matter afresh in accordance with law. The award dated 13.11.2009 passed by the Labour Court, Bhavnagar in Recovery Application No. 122 of 1994 is set aside and the matter is remanded to the Labour Court, Bhavnagar. with aforesaid direction.
With these observations, the petition is disposed of. Rule is made absolute to the aforesaid extent.
(DR. A. P. THAKER, J)
SAJ GEORGE
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1 issue framed by the court
Whether the remand order to the Labour Court for fresh calculation of wages and factual aspects should be passed.
Divisional Controller
Bhakabai G Baraiya
Dr. A. P. Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
