DEPUTY EXECUTIVE ENGINEER Vs. AMBARAMBHAI JESINGBHAI CHAUHAN

JUDGEMENT

(1.) BY way of this Appeal, the appellant has challenged the order dated 17.2.2011 passed by the learned Single Judge in Special Civil Application No. 12818 of 2010, whereby the petition preferred by the appellant was dismissed confirming the order of the Labour Court, whereby the Labour Court has granted reinstatement with 20% back wages.

(2.) THE case of the petitioner is that the respondent has become a councillor and therefore, the order of reinstatement with 20% back wages is contrary to statutory rules of the Corporation since an employee cannot become a councillor while inservice.

(3.) WE are in complete agreement with the view taken by the learned Single Judge. However, if the respondent has become a councillor, it is a fresh cause of action. It will be open for the appellant to file appropriate proceedings after reinstatement is granted. Even the Labour Court, while considering termination, has considered in detail. In view of the findings of both the courts, we are not inclined to exercise our powers. This Appeal is devoid of any merits and is accordingly dismissed. As a consequence, Civil Application also stands dismissed.