GANGA RK INDUSTRIES PVT LTD THROUGH ADMIN HEAD KAMLESH ARVINDBHAI KAKKADversusBHARATBHAI BADRIPRASAD RAMAVAT

     C/SCA/12410/2025                              ORDER DATED: 20/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 12410 of 2025

================================================================
 GANGA RK INDUSTRIES PVT LTD THROUGH ADMIN HEAD KAMLESH
                   ARVINDBHAI KAKKAD
                           Versus
         BHARATBHAI BADRIPRASAD RAMAVAT & ANR.
================================================================
Appearance:
JEET Y RAJYAGURU(8039) for the Petitioner(s) No. 1
MR NIRAJ J SHAH(3110) for the Petitioner(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2
================================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                            Date : 20/01/2026

                             ORAL ORDER


1.     By way of present petition under Article 226 & 227 of the
Constitution of India, petitioner has challenged the Award dated
28.04.2025 passed by the learned Presiding O&cer, Rajkot in
Reference (LCR) No. 77 of 2017 whereby, the learned Judge has
allowed the reference /led by the respondent-workman and granted
reinstatement with continuity of service with 50% back wages and
also awarded cost of litigation to the tune of Rs.5,001/- to be paid to
the respondent-workman.


2.     Brief facts leading to the present petition are that, the
responded-workman was purely working as a temporary worker with
the petitioner-Establishment and respondent No.2 herein. That, as per
the statement of claim the respondent-workman was working as a
Clerk-cum-Supervisor     with   the      petitioner-Establishment       since
03.01.2009. That, the services of the respondent-workman came to
be transferred in respondent No.2-Company and thereafter, allegedly,


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     C/SCA/12410/2025                               ORDER DATED: 20/01/2026




respondent-workman was terminated on 31.10.2016. That, the
respondent-workman therefore, /led industrial dispute against the
petitioner     and      respondent No.2     and approached      the Labour
Conciliation O&cer, however, the conciliation failed and the
Conciliation O&cer referred the dispute to the Labour Court under
Section 10(1)(c) of the Act for adjudication, which came to be
registered as Reference (LCR) No. 77 of 2017. That, the respondent-
workman /led his statement of claim at Exh.-6. Per contra, the
petitioner and the respondent No.2 had jointly /led their written
statement at Exh.-23. After hearing all the concerned parties and
after examining the oral as well as documentary evidence produced
on record, the Labour Court passed the aforesaid Award dated
28.04.2025.


3.     Being aggrieved and dissatis/ed with the impugned award
dated 28.04.2025 passed by the Labour Court in Reference (LCR) No.
77 of 2017, the petitioner has preferred this petition under Article 226
& 227 of the Constitution of India read with the provisions of Industrial
Disputes Act, 1947.


4.     When the matter is taken up for hearing, learned counsel Mr.
Jeet Rajyaguru, appearing on behalf of the petitioner, has submitted
that during the pendency of this petition, the parties have amicably
settled the dispute outside the Court. He has submitted that the
petitioner has entered into an agreement for amicable settlement
with the respondent-workman and has already paid lumpsum
compensation to the tune of Rs.4 Lac towards full and /nal settlement
of the dispute through NEFT on 10.10.2025 being transaction ‘NEFT to
Baldevbhai Badriprasad R:UBIN0252835956’. Learned counsel Mr.
Rajyaguru has also produced copy of settlement agreement, which is


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     C/SCA/12410/2025                                   ORDER DATED: 20/01/2026




a notarized document, bearing signatures of all the concerned parties,
the same is taken on record.


4.     The consent terms and conditions of the settlement agreement
are in vernacular language and therefore, the same are incorporated
as part of this order as under :

       This ‘Memorandum of Settlement’ is entered into at Rajkot on this 3rd day
       of October, 2025.

       BETWEEN:

       M/s. Ganga R. K. Industries Private Limited, a company registered under
       the provisions of the Companies Act [1956/2013], having its registered
       o7ice at Plot No. G-1204, GIDC Lodhika, near Metoda, Kalawad Highway,
       Rajkot – 360021, hereinafter referred to as the "Company" (which
       expression shall, unless repugnant to the context or meaning thereof, be
       deemed to include its successors, administrators, and assigns) of the
       FIRST PART;

                                          AND

       Mr. Bharatbhai alias Baldevbhai Ramavat, son of Badriprasad Ramavat,
       aged about 58 years, residing at "Parth", Bhavnath Park-1, Street No. 2,
       Milan Pan Street, Rajkot, hereinafter referred to as the "Workman" (which
       expression shall, unless repugnant to the context or meaning thereof, be
       deemed to include his heirs, legal representatives, executors,
       administrators, and assigns) of the SECOND PART.

       (The Company and the Workman shall hereinafter be collectively referred
       to as the "Parties" and individually as the "Party").

       WHEREAS:

       A.      The Workman joined the service of the Company on 01/04/2013 and
               voluntarily resigned on 31/10/2016. The Workman's true name is
               Baldevbhai, and his Aadhaar Card, PAN Card, and bank accounts
               are in that name. The Workman admits that he recorded his name
               as Bharatbhai in the Company and used to sign in that name. The
               Workman admits that both names, Bharatbhai Ramavat and
               Baldevbhai Ramavat, belong to him. The Workman guarantees that
               for whatever payment he receives and accepts in the name of
               Baldevbhai Ramavat as per this settlement, he shall not raise any
               kind of demand, dispute, claim, or proceeding (civil, criminal, or
               otherwise) against the Company, its Directors, O7icers, Employees,
               or Legal Representatives regarding the name or matters related to


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C/SCA/12410/2025                                    ORDER DATED: 20/01/2026




          the payment.

  B.      The Workman raised an industrial dispute before the Labour Court
          at Rajkot under Reference (LCR) No. 77/2017, challenging the
          legality and validity of the termination of his service and
          demanding reinstatement with full back wages and continuity of
          service.

  C.      The Hon'ble Labour Court, Rajkot, by its Judgment (Award) dated
          28/04/2015, held that the termination of the Workman's service was
          illegal and directed the Company to reinstate him with 50% back
          wages and all consequential beneJts.

  D.      Aggrieved by the said Judgment (Award), the Company Jled Special
          Civil Application No. 12410 of 2025 before the Hon'ble Gujarat
          High Court.

  E.      During the hearing of the aforementioned Special Civil Application,
          through the intervention of their respective advocates and with a
          view to resolving the dispute amicably, the Parties have entered
          into negotiations.

  F.      After a series of discussions and negotiations, the Parties have
          reached a full and Jnal amicable settlement of all claims and
          disputes of the Workman against the Company arising out of his
          employment and its termination, based on the terms and conditions
          set forth below.

  G.      This settlement has been reached otherwise than in the course of
          conciliation proceedings and is a settlement within the meaning of
          Section 2(P) of the Industrial Disputes Act, 1947.

  NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS
  FOLLOWS:

  TERMS OF SETTLEMENT:
       1. Waiver of Reinstatement:
       The Workman, of his own free will and without any coercion,
       pressure, or undue inLuence, hereby voluntarily and expressly
       waives his right to reinstatement in the services of the Company
       granted by the Labour Court. He conJrms that he shall not seek
       employment or re-employment in the Company or any of its
       a7iliates or group companies at any time in the future.
       2. Full and Final Settlement Amount:
       In consideration of the Workman waiving his right to reinstatement
       and in full and Jnal settlement of all his claims and dues, the
       Company has agreed to pay and the Workman has agreed to accept
       a sum of Rs. 4,00,000/- (Rupees Four Lakhs Only).

          3. Break-up of Settlement Amount:
          The aforementioned amount of Rs. 4,00,000/- is inclusive of full and


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C/SCA/12410/2025                                    ORDER DATED: 20/01/2026




          Jnal settlement of all claims of the Workman, including but not
          limited to:

                  Back wages
                  Outstanding salary
                  Leave encashment
                  Bonus
                  Gratuity
                  Retrenchment compensation under Section 25F of the
                   Industrial Disputes Act, 1947
                  Any other statutory or non-statutory dues arising from his
                   employment and its termination.

          4. Payment and Discharge:
          The payment of the said amount of Rs. 4,00,000/- has been made by
          the Company to the Workman via Union Bank Account Payee
          Cheque No. 041961 dated 02/10/2025. The Workman hereby
          acknowledges that upon receipt of the said amount, he shall have
          no claims of any nature against the Company(ies). The Workman
          further acknowledges that a settlement has also been reached with
          all companies, namely (1) Ganga R. K. Industries Private Limited
          and (2) Kotecha Steel Forge Pvt. Ltd., and now no amount remains
          to be taken by the Workman from the companies or by the
          companies from the Workman, nor is he to be taken back into
          service. Upon signing this settlement and receiving the payment,
          the 'employer-employee' relationship between the companies and
          the Workman comes to a permanent end, and it shall be deemed
          that the Workman has received full and Jnal payment of his rights,
          shares, and interests, and the Workman waives his right to
          reinstatement.

          5. No Further Claims:
          The Parties hereby declare and conJrm that this settlement is a full
          and Jnal resolution of all disputes and claims between them. The
          Workman hereby promises that neither he nor his heirs,
          successors, legal representatives, or assigns shall, at any time in
          the future, raise any demand, dispute, claim, or proceeding (civil,
          criminal, or otherwise) against the Company, its directors, o7icers,
          employees, legal representatives, or assigns regarding his former
          employment, the termination of his service, or any matter related
          thereto.

          6. Withdrawal of Pending Litigation:
          The Companies agree to withdraw Special Civil Application No.
          22410 of 2025 Jled in the Hon'ble Gujarat High Court, and the
          Workman agrees to withdraw Recovery Application No. 75/2025
          Jled in the Labour Court, Rajkot, at their own respective costs.
          Both parties agree to provide all types of cooperation to the other
          party in withdrawing their respective cases or applications in
          Court.



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        C/SCA/12410/2025                                                         ORDER DATED: 20/01/2026




                     7. Binding Nature of Settlement:
                     This settlement shall be binding on both Parties as well as their
                     respective heirs, legal representatives, successors, and assigns in
                     accordance with the provisions of Section 2(P) read with Section
                     18(1) of the Industrial Disputes Act, 1947.

                     8. Independent Legal Advice:
                     The Parties conJrm that they have sought and obtained
                     independent legal advice and have fully understood the terms and
                     e7ects of this settlement. They further conJrm that they are
                     signing this settlement voluntarily and without any force, fraud,
                     coercion, or misrepresentation.

                     9. Governing Law and Jurisdiction:
                     This settlement shall be governed by and interpreted in accordance
                     with the laws of India. The courts at Rajkot shall have exclusive
                     jurisdiction to entertain any matter arising out of this settlement.

                     10. Entire Agreement:
                     This settlement constitutes the entire agreement between the
                     Parties and supersedes all prior oral or written agreements,
                     understandings, or arrangements.


5.         In view of above, considering the fact that the concerned
parties have already settled the dispute by entering into settlement
agreement as above and the respondent-workman has received the
amount towards full and /nal settlement of the dispute, nothing
remains in the present petition and the present petition is disposed of.
Notice is discharged.

                                                                    (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 21/01/2026 17:20:32


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