IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19660 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20048 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20049 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20053 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20088 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20228 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20660 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20061 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20265 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20336 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20344 of 2023 With R/SPECIAL CIVIL APPLICATION NO. 20384 of 2023 ==========================================

HINDUSTAN INDUSTRIES Versus THAKOR RAESHJI ARJANJI ==========================================

Appearance:

MR PRABHAKAR UPADYAY(1060) for the Petitioner(s) No. 1 MR DARSHIT D THAKKAR(12434) for the Respondent(s) No. 1 ==========================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 18/12/2025

ORAL ORDER

1. Present petitions are filed under Article 226 and 227 of the Constitution of India and under Section 10 of the Industrial Disputes Act challenging the impugned award dated 06.12.2022 passed by the Labour Court, Kalol, whereby, the Labour Court partly allowed the References and ordered to reinstate the workmen in service with continuity of service and 50% back wages.

2. Short facts of the present petitions are that the respondents – workmen were working as daily wager with petitioner – employer but their services came to be terminated by the petitioner and, therefore, they raised a demand by filing aforesaid Reference Cases before the Labour Court whereby the Labour Court, after hearing both the parties, partly allowed the References and directed the employer to reinstate each workman with continuity of service and 50% back wages.

3. Learned counsel appearing on behalf of both the sides have jointly submitted that an amicable settlement has been arrived at between the parties outside the Court and they have entered into a settlement deed on certain terms. Learned counsel have submitted that in view of the settlement arrived at between the parties, the present petitions be disposed of. It is submitted that the petitioner – company has already paid the legal dues to the workmen by account payee cheques and the workmen have deposited in their respective accounts and the said amount was already realized and, therefore, no any dispute remains between the petitioner and respondents. Learned counsel for the petitioner has tendered the settlement agreement in each petition. The consent terms for full and final settlement is taken on record.

4. The consent terms of the settlement agreement arrived at between the parties, of one of the matters, reads thus:- “(1) In the present matter, the Respondent, Rameshji Arjanji Thakor, filed a complaint against the Petitioner establishment, Hindustan Industries, under the provisions of the Industrial Disputes Act, challenging the action of oral termination. The said complaint was referred by the appropriate Government for adjudication to the Learned Labour Court, Kalol, and was registered as Reference (L.C.K.) No. 89/2014.

(2) The Learned Labour Court, Kalol, passed an Award in Reference (L.C.K.) No. 89/2014 on 06/12/2022.

(3) Against the Award passed on 06/12/2022 below Exhibit-25 in Reference (L.C.K.) No. 84/2014 by the Learned Labour Court, Kalol, the Petitioner filed Special Civil Application No. 19660/2023 before the Hon’ble High Court of Gujarat. The said Special Civil Application No. 19660/2023 is pending before the Hon’ble High Court of Gujarat for final hearing.

(4) As decided between the Respondent workman, the Petitioner establishment, and Akhil Gujarat General Mazdoor Sangh, Ahmedabad (representative of the Respondent workman), the Respondent workman in the present matter, namely Rameshji Arjanji Thakor, has, pursuant to the Award dated 06/12/2022 passed in Reference (L.C.K.) No. 89/