AMTS Vs. ATUL CHIMANLAL SHAH

JUDGEMENT

(1.) The petitioner - Ahmadabad Municipal Transport Service, through its Transport Manager, has filed this petition under Articles 226 and 227 of the Constitution of India praying for quashing and setting aside the award dated 31.1.2006 passed by the Labour Court at Ahmedabad in Reference (LCA) No. 1628 of 1999. The Labour Court while disposing of the said reference has passed an order of reinstatement with 25% of backwages.

(2.) This Court has issued rule on 19.9.2006 and pending the petition subject to compliance with Section 17B of the Industrial Disputes Act, 1947 ad-interim stay was granted in terms of para-7(c) whereby the implementation, execution and operation of the award was stayed by the Court.

(3.) During the pendency of this petition the respondent workman has attained the age of superannuation on 30.10.2010 and hence there is now no question of reinstatement of the respondent workman. The Court has to consider the effect of the impugned award in terms of the monitory benefits. Pursuant to the interim order passed by the Court on 19.9.2006 the respondent was paid 17B payment from 31.10.2006 to 30.10.2010.