STATE OF GUJARAT Vs. UMEDBEN

JUDGEMENT

(1.) By way of this petition, the petitioner-State has prayed to quash and set aside the order passed by the Labour Court, Godhra in Recovery Application No.14/2003 dated 21.01.2004, whereby, the said application was allowed and the petitioner has been directed to pay an amount of Rs.2,40,000/- to the respondent, being the amount of Pension from 1993, within a period of thirty days from the date of the said order, failing which the petitioner was directed to pay interest @ 9% p.a. on the said amount until its realization.

(2.) The facts in brief are that the respondent herein was working as a Watchman with the petitioner-State at its Office situated in Shehra Taluka of Panchmahals District. However, subsequently, the entire Office was shifted to Godhra Taluka. The respondent was not allotted any work at the new place. Being aggrieved by the same, he raised a dispute, which, ultimately, culminated into a reference being Reference (LCG) No.41/1992. The said Reference was decided in favour of the respondent by way of award dated 24.12.2001. In pursuance of the said award, the respondent went to the Office of the petitioner for the purpose of resuming his duties. However, he was not permitted to join the duties.

(3.) Being aggrieved by the said action of the petitioner, the respondent filed S.C.A. No.12346/2002 before this Court. The petitioner had also filed S.C.A. No.7749/2002 challenging the said award. Both the petitions came to be disposed of by this Court, vide judgment and order dated 28.01.2003, the petitioner-State was directed to implement the award within eight weeks from the date of receipt of the said judgment and order.