SENDHABHAI PARMABHAI CHAUHAN Vs. AHMEDABAD ELECTRICITY CO LTD

JUDGEMENT

(1.) AS common question of law and facts arise in both these petitions and as such they arise out of the common judgment and order passed by the learned Industrial Court, both these petitions are decided and disposed of by this common judgment and order. 2.0. Special Civil Application No.28275 of 2007 has been preferred by the petitioner -Shri Sendhabhai Chauhan (hereinafter referred to as "workman") under Article 227 of the Constitution of India to quash and set aside the common judgment and order passed by the learned Industrial Court dated 7.9.2007 passed in Appeal (IC) Nos.33 of 2006 and 49 of 2006 in so far as not ordering the reinstatement with full back wages and consequential benefits and awarding only a lump sum Rs. 1,70,000/ - in lieu of reinstatement and back wages.

(2.) SPECIAL Civil Application No. 29729 of 2007 has been preferred by the petitioner AEC (Torrent Power Ltd) (hereinafter referred to as "management") also challenging the impugned common judgment and order passed by the learned Industrial Court dated 7.9.2007 passed in Appeal (IC) Nos.33 of 2006 and 49 of 2006 in directing the management to pay sum of Rs.1,70,000/ - to the workman in lieu of back wages and reinstatement.

(3.) THE facts leading to the present petitions in nutshell are as under: