EXECUTIVE ENGINEER Vs. PARESH CHHELSHANKAR VYAS

JUDGEMENT

(1.) HEARD learned Assistant Government Pleader Mr. Rindani for the petitioner Executive Engineer, Irrigation and Maintenance Division, Rajkot. The petitioner is before this Court being aggrieved by award and order dated 16th December 2009, passed in Reference (LCR) No. 171 of 1995 by the learned Judge of Labour Court No. 3, Rajkot.

(2.) THE matter requires consideration. Hence, Rule. Learned advocate Mr. Devnani for the respondent waives service of Rule. 2.1 On a request made by learned advocate for the respondent - workman, the matter is taken up for final hearing, as the pendency of the petition will continue to deprive the respondent workman of his bread.

(3.) ACCORDINGLY, the petition is partly allowed. Award and order dated 16th December 2009 is confirmed to the extent it grants reinstatement on the original post with continuity of service. So far as it grants 10% back wages, the same is quashed. 5.1 Rule is made absolute to the aforesaid extent. No order as to costs. 5.2 At the request of learned advocate for the respondent workman, the petitioner is directed to reinstate the respondent workman as early as possible, but not later than 7th October 2011.