DHORAJI MUNICIPALITY Vs. MAGANLAL JIVRAJBHAI

JUDGEMENT

(1.) HEARD learned advocates for the parties. In this petition, this Court (Coram: K.A. PUJ, J.) on 24.11.2010 issued notice for final disposal which was made returnable on 16th December, 2010 and notice as to interim relief was also issued which was made returnable on the same date i.e. 16th December, 2010 and ad-interim relief in terms of Para-10(C) had been granted till then. As no one appeared despite due service of notice on behalf of the respondent-workman, ad-interim relief earlier granted was ordered to continue till the next date and it was adjourned to 27th December, 2010.

(2.) TODAY, learned advocate Shri Shirish H. Gohil, appears for the respondent-workman. The issue is in a narrow compass hence both the advocates requested to dispose of the matter finally. Hence Rule. Shri Gohil waives service of Rule on behalf of the respondent-workman. Rule is fixed forthwith at the request of the learned advocates appearing for the parties.

(3.) LEARNED advocate for the respondent-workman submitted that the breach of Section 25(f) is established beyond doubt and therefore, ordinarily an order of reinstatement with appropriate quantum of wages is required to be passed in the instant case, though the Labour Court has not passed any order of back wages but reinstatement is only passed and therefore, the Court may not interfere with the same.