High CourtsSingle Bench(2023) 09 GUJ CK 0002

Sarabhai Common Service vs Mantri, Sarabhai Chemical Ltd. Employees Union

Gujarat High Court · Decided on 1 September 2023

HON’BLE JUDGES
Umesh A. Trivedi, J
RESULT
Dismissed
CASE NUMBER
Misc. Civil Application (For Modification Of Order) No. 1 Of 2021 In R/Special Civil Application No. 18757 Of 2017

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Judgment

4 paragraphs · 188 words

Umesh A. Trivedi, J

This application is filed by the applicant – original petitioner praying for modification of order dated 12.07.2021 passed by this Court directing Labour Court to refund the amount deposited to the applicant along with interest, if any, accrued on it as per the award of Labour Court.

However, while dismissing the petition of the applicant, this Court confirmed the order passed by the Labour Court requiring the applicant to pay bonus at the rate of 11.67% to its employees. While issuing notice in the main Special Civil Application, this Court directed the applicant to deposit different amount of bonus at the rate of 11.67%, as awarded by the Labour Court vide its judgment and award dated 03.09.2016 in Reference (Demand) No. 16 of 1995, which the applicant has complied with.

If amount is to be disbursed to the employees, there is no question of refunding the same to the applicant for the purpose of disbursement. The concerned Labour Court can do the same as main proceedings is determined by it. Hence, this Misc. Civil Application having no merit in it, it is hereby rejected.