Apar Industries Ltd vs Bhagubhai D Vankar on 4 September, 2019

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Gujarat High Court

Apar Industries Ltd vs Bhagubhai D Vankar on 4 September, 2019

Bench: G.R.Udhwani

         C/SCA/6820/2009                                             ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          R/SPECIAL CIVIL APPLICATION NO. 6820 of 2009
==========================================================
                     APAR INDUSTRIES LTD
                             Versus
                BHAGUBHAI D VANKAR & 1 other(s)
==========================================================
Appearance:
MR DG CHAUHAN(218) for the Petitioner(s) No. 1
MR RAJESH P MANKAD(2637) for the Respondent(s) No. 1
MR.VARUN K.PATEL(3802) for the Respondent(s) No. 2
==========================================================
 CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
                    Date : 04/09/2019
                     ORAL ORDER

1. The judgment and award dated 26.02.2009 rendered in Reference (LCV) No.299 of 1991 by the Labour Court, Baroda is sought to be assailed in this petition under Article 227 of the Constitution of India.

2. A consensual submission is made to dispose of this petition in terms of the settlement entered into between the employer and the widow of the workman under Section 2(p) of the Industrial Disputes Act, 1947; the copy whereof is placed on record.

3. In above view of the matter, without going into the merits of the case, the award is required to be modified in terms of the settlement. Accordingly, it is directed that the widow of the workman shall be paid a sum of Rs.3,00,000/ towards full and final settlement of all the dues of the deceased workman.

4. Learned counsel Mr.Varun K. Patel for the respondent No.2 while relying upon the similar disposal of group of petitions in Letters Patent Appeal No.1273 of 2003 and allied matters drew the attention of this Court to Page 1 of 2 Downloaded on : Fri Sep 06 23:30:17 IST 2019 C/SCA/6820/2009 ORDER unnumbered Para 4 and submitted that despite settlement between the other parties, the interest of the respondent No.2 is required to be protected in terms thereof. The contesting parties have no objection, if the observations similar to one made in unnumbered Para 4 of the said order in group of Letters Patent Appeal No.1273 of 2003 dated 22.08.2019 are made. Therefore, on overall consideration of the case, it is observed that the settlement herein would not affect intersay rights and obligations of M/s. Apar Industries Ltd. and M/s. Lotherme Electrodes (India) Pvt. Ltd. in any manner or any future litigation between them. Future litigation, if any, shall be governed by the respective submissions and contentions before the Court where the action may be brought.

5. This petition is disposed of in the above terms with the modification in the impugned award, as above.

(G.R.UDHWANI, J) bdsongara Page 2 of 2 Downloaded on : Fri Sep 06 23:30:17 IST 2019

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