LAWS(GJH)-2002-5-31

GUJARAT HOUSING BOARD Vs. SANJAY B SHAH

Decided On May 03, 2002
GUJARAT HOUSING BOARD Appellant
V/S
SANJAY B.SHAH Respondents

JUDGEMENT

(1.) While bearing injustice from each corner of the society, the mental process and situation of the poor person has been rightly discussed as under: Kismatka Hai Nam Magar Yeh Kam Hai Diniyawalon Ka; Fook Diya Hai Chaman Hamare Khwabon Aur Khayalon Ka; Jee Karta Hai Khudhi Ghot De Apne Armanon Ka Gala; Dekhke Duniyaki Diwali Dil Mera Chupchap Jala.

(2.) In case of Peerless General Finance and Investment Co. Ltd. versus Reserve Bank of India, reported in AIR 1992 SC 1033, the apex court has observed as under:

(3.) Heard learned advocate Mr. Munshaw and Mr. Shailesh C. Parikh. Special Civil Application No. 107 of 1997 has been filed by the petitioner Gujarat Housing Board challenging award made by the labour court in Reference No. 190 of 1992 dated 7/03/1996 wherein the labour court has ordered for reinstatement of the workman with continuity of service without back wages. Special Civil Application No. 3595 of 1997 has been filed by the workman Sanjay B. Shah challenging the very same award wherein the labour court has denied back wages while making the award of his reinstatement with continuity of service. Special Civil Application No. 107 of 1997 filed by the Board has been admitted by this Court by issuing rule thereon by order dated 16.1.1997 and by way of ad.interim relief, impugned order made by the labour court has been stayed. Said ad.interim order has been subsequently confirmed by this court by order dated 2.9.1997. Special Civil Application No. 3595 of 1997 filed by the workman has been admitted by this court by issuing rule thereon by order dated 2nd December, 1997.