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SCA/9851/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9851 of 2008
With
SPECIAL
CIVIL APPLICATION No. 12824 of 2008
=========================================================
DEEPAK
TRUST & 1 - Petitioner(s)
Versus
IGNESH
JOHN D'SOUZA & 1 - Respondent(s)
=========================================================
Appearance
:
MS
PARUL P VASAVADA for
Petitioner(s) : 1 - 2.
NOTICE SERVED BY DS for Respondent(s) : 1 -
2.
MR ANAND B GOGIA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/10/2008
ORAL
ORDER
1. By
way of Special Civil Application No.9851 of 2008, the
petitioner-employer (hereinafter referred to as the petitioner) has
challenged the judgment and order dated 23/4/2008 passed by the
Gujarat Secondary Education Tribunal whereby the Tribunal has
directed to reinstate the respondent no.1 with 50% back wages with a
liberty to the management to hold a fresh inquiry and complete the
same as early as possible.
2. The
employee (hereinafter referred to as respondent no.1) has filed
Special Civil Application No.12824 of 2008 against the very same
judgment so far as conducting fresh inquiry and non-grant of 100%
back wages.
3. Brief
facts of the case are that the respondent no.1 was appointed on the
post of Peon in the year 1979 with petitioner trust school. Certain
allegations were leveled against the respondent no.1 and after
departmental inquiry the respondent no.1 was dismissed from service
on 22/8/2003. Respondent no.1 therefore filed Application No.346 of
2003 before the Gujarat Secondary Education Tribunal, Ahmedabad. The
Tribunal has passed an order on 23/4/2008 and allowed the application
of the respondent no.1 against which aforesaid petitions have been
filed.
4. It
is stated that the parties have negotiated the matter and have
arrived at an amicable settlement. Accordingly with the consent of
the parties, the order of the Tribunal is modified as under:
?SThe respondent
no.1 herein who is peon will be reinstated in service without any
further inquiry. The respondent no.1 will be given notional increment
and he will not been given any back wages.??
5. The
impugned order is modified to the aforesaid extent. Both the
petitions stand disposed of accordingly. No order as to costs.
(K.S.JHAVERI,
J.)
(ila)
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