Jigneshkumar Rameshbhai Patel vs Gujarat State Co. Operative Marketing Federation Ltd. and Another

K.S. Jhaveri, J.—By way of filing these appeals, the appellants-original petitioners have challenged the judgment and order of the learned Single Judge whereby the learned Single Judge partly allowed the writ petitions filed by the petitioners and the order of the Labour Court granting reinstatement with/without back wages is set aside and instead the appellants-workmen were granted compensation.

Mr. Gautam Joshi, learned counsel for the respondent-Gujarat State Cooperative Marketing Federation Limited has raised a preliminary contention that in view of the decision of the larger Bench of this Court in the case of Gujarat State Road Transport Corporation Vs. Firoze M. Mogal and 1 Another, , the present appeals are not maintainable since the Labour Court was not joined as party.

Mr. N.V. Joshi and Mr. A.B. Gateshiyana, learned counsel for the appellants have submitted that the learned Single Judge has committed an error in setting aside the order of the Labour Court granting reinstatement and in lieu thereof awarding compensation to the workmen. They have further contended that even the amount of compensation awarded is on lower side and therefore if reasonable amount of compensation is granted to them, the same would meet the ends of justice. Lastly, it is contended that the amount of compensation may suitably enhanced.

We have heard Mr. N.V. Joshi and Mr. A.B. Gateshiyana, learned counsel for the appellants and Mr. Gautam Joshi, learned counsel for the respondent Corporation and perused the record.

We are not entering into the point of jurisdiction in view of the fact that the last submission made by the counsel for the appellants seems to be reasonable and it will not be appropriate to relegate the appellants to the other forum on the technical ground more particularly when the amount involved in this appeal is a meager amount. Therefore, we are not touching the point of maintainability of the appeals. This may not be treated as a precedent.

The amount of compensation as directed by the learned Single Judge is modified and the same is enhanced to Rs. 1 lakh. The respondent is directed to pay a lumpsum amount of compensation of Rs. 1 lakh to each of the appellants within a period of one month from today. Both the appeals are allowed to the aforesaid extent. No order as to costs.