UMARBHAI HASANBHAI SIDA Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) The present petition has been filed seeking the following prayers:-

(2.) Thus, the petitioner is seeking compliance of the award dtd. 30.08.2016 passed by the Labour Court, Junagadh in Reference (T) No.42 of 1998, whereby and wherein the Reference was partly allowed and the respondent University was directed to reinstate the petitioner in service with 50% back wages. It is submitted that though the aforesaid award is passed, the respondent has not reinstated the petitioner in service.

(3.) Learned advocate Mrs.Krishna G. Rawal for the petitioner has submitted that prior to the aforesaid award, there was an industrial dispute raised with regard to the termination of the petitioner dtd. 21.07.1997, which was also the subject matter of Reference being (LCJ) No.42 of 1998. By the award dtd. 14.10.2002, the Labour Court has allowed the Reference by directing the respondent University to reinstate the petitioner with continuity of service with 75% back wages. Since the aforesaid award was not complied with; the petitioner has filed Recovery Application No.21 of 2003, whereas the respondent preferred Misc. Application No. 26 of 2004 for setting aside the order dtd. 14.10.2002 passed in Reference being (LCJ) No.42 of 1998 and the same was allowed with a condition to deposit cost of Rs.2,000/-. Since the aforesaid condition was not complied with, the Labour Court further proceeded with the Recovery Application and the same was allowed with some modifications in the wages and the amount, which was deposited with the Recovery Application was ordered to be paid to the petitioner.