BABUBHAI GOVINDBHAI Vs. ASSISTANT AGRICULTURE ENGINEER

JUDGEMENT

(1.) THESE two petitions are disposed of by this common judgment as the same Award is challenged in both the petitions.

(2.) THE facts as narrated in Special Civil Application No. 1051 of 2002 are taken as basis of this common judgment.

(3.) BEING aggrieved by the said judgment and award, the employer � State of Gujarat has preferred the present writ petition being Special Civil Application No. 1051 of 2002 and the respondent workman has also filed another Writ Petition being Special Civil Application No. 6827 of 2001 challenging non grant of remaining 75% of the back wages. Both the petitions were admitted and this Court (Coram : H.K.Rathod, J [as he then was]) by judgment and order dated 24.12.2003 was pleased to dismiss the Writ Petition being Special Civil Application No.1051 of 2002 filed by the employer � State of Gujarat and partly allowed the Writ Petition being Special Civil Application No. 6827 of 2001 by awarding additional 25% i.e. total 50% back wages. The State of Gujarat being aggrieved by the aforesaid judgment of this Court dated 24.12.2003 filed intra Court Appeals being Letters Patent Appeal No. 1473 of 2004 and Letters Patent Appeal No. 2028 of 2004. The said Appeals were allowed by judgment and order dated 20.4.2005 passed by the Division Bench of this Court comprising of Hon'ble Messrs Justices R.S.Garg [as he then was] and R.R.Tripathi, whereby the aforesaid judgment dated 24.12.2003 was set aside and both the petitions were remitted back to the learned Single Judge for reconsideration of the whole issue with a direction to record positive findings in relation to the issue raised by the employer 'State' as to whether they are industry or not.