STATE OF GUJARAT Vs. SHANKARBHAI K. PARMAR

JUDGEMENT

(1.) In the present petition, the Government has challenged the order of the Labour Court, in which there is an order of reinstatement in favour of the concerned workman. While admitting this matter, the following order was passed by this Court on 15 -12 -2000:

(2.) However, in my view, once order of reinstatement is stayed by this Court, this Court has no option but to pass appropriate order as required by Sec. 17 -B of the Act. Reference to the said provision is required to be made at this stage. Sec. 17 -B provides as under:

(3.) Whether the Award of the Labour Court deserves to be set aside or not or whether the same is without jurisdiction or not, can be decided only at the time of final hearing and not at this stage. In view of the clear mandate of the aforesaid provisions of Sec. 17 -B of the Act, the petitioner is bound to follow the said provision especially when reinstatement is stayed by this Court.