DHORAJI MUNICIPALITY Vs. GUJARAT PRADESH MUNICIPAL KARMACHARI SANGH

JUDGEMENT

(1.) Heard Mr. Premal Joshi, learned advocate for the appellant. By the present appeal under Clause 15 of the Letters Patent, the appellant has challenged the order dated 11.12.2019 passed in Special Civil Application No.21188 of 2017.

(2.) Mr. Premal Joshi has extensively drawn the attention of this Court to the impugned judgment and order. It deserves to be noted that Reference filed by the respondent workman came to be allowed by the Tribunal vide its award dated 20.07.2017 whereby the respondent was ordered to be reinstated with continuity of service. The appellant challenged the said award by way of filing writ petition being Special Civil Application No.19168 of 2018, which came to be dismissed by the learned Single Judge vide order dated 18.12.2018. The appellant thereafter filed Letters Patent Appeal being LPA No.1567 of 2019, which also was dismissed. It would be appropriate to refer to para 12 and 13 of the judgment of the Letters Patent Appeal No.1567 of 2019.

(3.) Being aggrieved and dissatisfied with the award qua non grant of any back-wages, the respondent workman also filed writ petition being SCA No.21188 of 2017. The respondent relied upon the judgment of the Hon''ble Supreme Court in the case of Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. vs. Ram Gopal Sharma and others, 2002 SCC(L&S) 279 and Dipali Gundu Surwase vs. Kranti Junior Adhyapak Mahavidyalaya (D.ED) and others, 2013 10 SCC 324.