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Umakant Shankarbhai Mane v. Manager, Gayatri Polyplast Private Limited

Umakant Shankarbhai Mane v. Manager, Gayatri Polyplast Private Limited

(High Court Of Gujarat At Ahmedabad)

R/SPECIAL CIVIL APPLICATION NO. 12035 of 2019 | 25-04-2022

1. Heard Ms. Alka B. Vaniya, learned counsel for the petitioner and Mr. Yogi K. Gadhia, learned counsel for the respondent. Perused the record.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the award of the Industrial Tribunal dated 2.3.2019, by which, lump-sum amount of compensation of Rs.1,40,000/- has been awarded to the petitioner. Aggrieved by the amount of compensation as well as by the fact that the petitioner would plead for reinstatement, the present petition is filed.

3. Ms. Alka B. Vaniya, learned counsel for the petitioner would submit that the petitioner was working for over a period of 15 years at a pay of Rs.7,500/- per month as a Machine Operator with the respondent – Company. Her prayer is that Labour Court be directed to enhance compensation and pay at-least Rs.10,00,000/- as compensation.

4. As against that, Mr. Yogi K. Gadhia, learned counsel for the respondent - employer would submit that the parameters which should weigh with the Court in awarding compensation when the employer is the State should not govern the case of the private employer. Admittedly, the case of the Company was that there were two separate establishments each engaging less than six employees and, therefore, the amount of compensation of Rs.1,40,000/- was just and proper.

5. Considering the submissions made by the learned advocates for the respective parties and after perusal of the award of the Labour Court, what is evident is that undisputedly, the respondent-workman was engaged with the Company for a period of 15 years.

6. Adopting the yardsticks so done in the case of Bhavnagar Municipal Corporation and others v. Jadeja Govubha Chhanubha and another reported in 2014(16) SCC 130 where even for rendering two years of service, the amount of compensation was awarded to the tune of Rs.2,50,000/-. This being a private Company, for the respondent having been engaged for over a period of 15 years, the amount of compensation is therefore enhanced to Rs.2,50,000/-. The amount of compensation shall be paid to the petitioner within a period of eight weeks from the date of receipt of copy of this order.

7. The petition is partly allowed in the above terms. No order as to costs. Direct Service is permitted.

Advocate List

  • MS. ALKA B VANIYA

  • MR YOGI K GADHIA

Bench
  • HON'BLE MR. JUSTICE BIREN VAISHNAV
Eq Citations
  • LQ
  • LQ/GujHC/2022/6794
Head Note

Labour Law — Unfair Dismissal/Termination/Retrenchment — Compensation — Entitlement to — Parameters for determining compensation — Dismissal of workman after 15 years of service — Lump-sum amount of compensation of Rs.1,40,000/- awarded — On facts, amount of compensation enhanced to Rs.2,50,000/- (Para 6)