BORSAD MUNICIPALITY Vs. MARGARATE V CHRISTIAN

JUDGEMENT

(1.) BY way of this Intra-Court Letters Patent Appeal, the appellant original petitioner employer has challenged the judgment and order dated 06.09.2007 passed by the Learned Single Judge in Special Civil Application No.23110 of 2006 whereby the Learned Single Judge has dismissed the writ petition preferred by the appellant and confirmed the award passed by the Labour Court, Anand dated 28.03.2006 passed in Reference (LCA) No.635 of 1992 whereby the Labour Court directed the appellant to pay 50% back wages to the respondent herein from the date of suspension i.e. 15.12.1988 till the date of retirement of the respondent i.e. 14.02.2004. The Labour Court had also directed to pay the back wages to the respondent within 45 days from the date of the award.

(2.) WE have heard learned counsel Mr. Y. V. Shah appearing for the appellant.

(3.) IN view of the fact that the respondent has reached the age of superannuation and no departmental inquiry was initiated against the respondent before dismissing her from service, we are in complete agreement with the view taken by the Learned Single Judge as well as by the Labour Court. IN our opinion, the award passed by the Labour Court, Anand is just and proper and requires no interference by this Court. The appeal is devoid of any merits and it is accordingly dismissed.