SCA/5654/2008 1/ 1 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5654 of 2008 ========================================================= AHMEDABAD MUNICIPAL TRANSPORT SERVICE - Petitioner(s) Versus VISHWERSHKUMAR JAGDISHPRASAD - Respondent(s) ========================================================= Appearance : MR HS MUNSHAW for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1, MR YOGENNPANDYA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 08/07/2008 ORAL ORDER
This
petition arises from award dated 9.1.2008 whereby the approval
application preferred by the petitioner Corporation is disallowed.
The learned court rejected the approval application on the ground
that while terminating services of the respondent the petitioner made
short payment as against the payment required to be made under
Section 33(2)(B). Under the said solitary ground of short payment
the approval application came to be rejected. Aggrieved by the said
order, the petitioner has preferred the present petition. In view of
the judgment of the Hon’ble Supreme Court in the case of Jaipur Zilla
Bhoomi Vikas Bank Ltd. v. Ram Gopal Sharma, (2002) 2 SCC 244 the
petitioner has already reinstated the respondent. The question of
payment of backwages arise. Mr. Munshaw submits that the petitioner
is willing to settle with the respondent on this count so that
monetary burden on the public body can be saved. So as to make offer
to the respondent, Mr. Munshaw needs to check out the number of
working days of respondent’s immediate junior and his wages and other
benefits after the termination of the respondent. For that purpose,
he requests for time. S.O. to 17th July, 2008.
rmr. [ K.M. Thaker, J. ]