Gujarat High Court Case Information System
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SCA/9466/2003 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9466 of 2003
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
MAVJIBHAI
RATNABHAI VIRAS - Petitioner(s)
Versus
DIVISIONAL
CONTROLLER - Respondent(s)
=========================================
Appearance :
MR
TR MISHRA for
Petitioner(s) : 1,
MR DIPEN A DESAI for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/10/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 227 of the Constitution of India
the petitioner has prayed for an appropriate writ, order or direction
for implementation of the award passed by the Labour Court, Bhavnagar
dated 24/07/2000 in Reference (L.C.B.) No. 169/1995.
2. It
appears that by way of interim relief the learned Single Judge
directed the respondent-Corporation to reinstate the petitioner in
service.
3. Today
when the petition is taken up for hearing, Shri Desai, learned
advocate appearing on behalf of the respondent-Corporation has stated
at the bar that the petitioner has been reinstated in service in the
year 2004 and so far as back wages to be paid to the petitioner as
per the judgement and award passed by the Labour Court till he his
reinstated in service is concerned, the same must have been paid and
if not paid the same shall be paid within a period of eight weeks
from today.
4. In
view of the above, when the petitioner is already reinstated in
service, no further order is required to be passed so far as
reinstatement is concerned and so far as back wages as per the
judgement and award passed by the Labour Court, Bhavnagar till the
petitioner is reinstated in service is concerned, if the same is not
paid by the respondent, the same shall be paid to the petitioner
within a period of eight weeks from today.
5. With
this, the present petition is allowed. Rule is made absolute to the
aforesaid extent. No cost.
(M.R.
SHAH, J.)
siji
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