STATE OF GUJARAT Vs. AMRAJI RUPAJI KOTVAL

JUDGEMENT

(1.) Rule. Learned counsel for the respondent waives service of rule. With the consent of both the sides, the matter is taken up for final hearing today. 1. By way of this petition, the petitioner-State has prayed to quash and set aside the judgment and award passed by the Labour Court, Himmatnagar in Reference (LCH) No.168/1997 dated 28.10.2009, whereby, the said reference was partly allowed and the petitioner has been directed to reinstate the respondent-workman on his original post with continuity of service and 25% back wages.

(2.) The facts in brief are that the services of the respondent-workman came to be terminated by the petitioner w.e.f. 21.06.1995, against which the respondent raised an industrial dispute. When the conciliation proceedings failed, the dispute was referred to the Labour Court, Himmatnagar for adjudication. The Labour Court, after considering the evidence on record, partly allowed the said Reference by passing the impugned award. Hence, this petition.

(3.) While issuing Notice, this Court had stayed the impugned award of the Labour Court only qua the direction regarding grant of 25% back wages. Today, it is reported that the respondent-workman has been reinstated in service. Therefore, the only question that now consideration of this Court is with respect to grant of 25% back wages.