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LPA/109820/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1098 of 2008
In
SPECIAL
CIVIL APPLICATION No. 6395 of 2008
With
CIVIL
APPLICATION No. 10149 of 2008
In
LETTERS PATENT APPEAL No. 1098 of 2008
==============================================
RANGE
FOREST OFFICER - Appellant(s)
Versus
HEMRAJ
JIVANBHAI RABARI - Respondent(s)
==============================================
Appearance
:
MS HANSA PUNANI ASSTT GOVERNMENT
PLEADER for Appellant(s) : 1,
MR TR MISHRA for Respondent(s) :
1,
==============================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 25/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. After
arguing at some length, learned counsel for the respondent submitted
that the workman would be satisfied with part of back wages, if he
were reinstated after so many years of litigation and several orders
in his favour. It was seen from the record that the appellant had
practically failed in even pursuing the litigation properly while the
respondent is stated to have remained unemployed all throughout. It
was, in that context, submitted by learned A.G.P. Ms.Punani that it
was not possible that the respondent would have survived without any
economic activity and, therefore, the award of back wages was
required to be suitably modified while maintaining the order to
reinstate the respondent.
2. Learned
counsel Mr.Mishra submitted that the Court may pass appropriate order
as regards back wages. There being a broad consensus in the above
terms, without entering into merits of the appeal, it was agreed that
the respondent would be reinstated in service with continuity of
service, within two weeks, and paid such amount of back wages as may
be ordered by the Court. Accordingly, it is directed that the
respondent shall be reinstated within two weeks and paid 45% of back
wages for the period from termination till reinstatement, within a
period of two months.
The
above order having been based upon the proposal made before the Court
and its acceptance, it is expected that no further litigation would
survive and the order as aforesaid shall be complied with in time.
Appeal is accordingly disposed in terms of the above directions and
with no order as to costs. Civil Application would not survive and
accordingly stands disposed.
Sd/-
(
Bhagwati Prasad,J.)
Sd/-
(
D.H.Waghela, J.)
(KMG
Thilake)
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