STATE OF GUJARAT Vs. MAHESHKUMAR JAGUBHAI NALIAPARA

JUDGEMENT

(1.) The present petition is filed by the State of Gujarat through the Deputy Secretary, Revenue Department Sachivalaya, Gandhinagar, challenging the award dated 12.9.1997 passed by the learned Presiding Officer, Labour Court, Junagadh in Reference LCJ No.172/94, which is at Annexure 'A' to the petition, whereby the respondent herein was directed to be appointed as a daily wager-unskilled labourer on his original post without awarding any back wages or continuity of service.

(2.) Mr.Upadhyaya for Mr.Mukesh H. Rathod submitted that the said award was complied with by the authorities by reinstating the respondent at Chhaya, district Porbandar in January 1998. The present Special Civil Application was filed on 4.7.2000. On the other hand the respondent filed an application being No.ID/ Misc./ 4/ 99 for interpretation of the award which came to be disposed by an order dated 8.10.1999, whereby the award passed in Reference LCJ No.172/94 came to be clarified/ interpreted to the effect that the present respondent be given work jointly in the office of respondent no.2 of that application, i.e. Inquiry Officer, Office of the City Survey at Bilkha and in the office at Mendarda.

(3.) In this Special Civil Application, this Court (Coram: P.B. Majmudar, J.) on 5.12.2000 passed an order, which reads as under :