GUJARAT KELAVANI TRUST Vs. PRASHANTBHAI PUNAMCHAND SHAH

JUDGEMENT

(1.) This appeal arises out of the judgment dated 3.8.2010, rendered by learned Single Judge in Special Civil Application No. 3668 of 1999. The said petition arose out of the award passed by the Labour Court No. 7, Ahmedabad on 5.2.1999 in reference (LCA) No. 5 of 1995.

(2.) The reference was made to the Labour Court on the question of reinstatement and back-wages to the respondent herein and the Labour Court by the award directed reinstatement of the respondent with 50% back-wages for the period from 1.7.1987 to 30.11.1995 and further 20% back-wages for the period from 1.12.1995 till reinstatement. The appeal is preferred, challenging the award, on the ground that the Labour Court had taken into consideration the provisions of the grant-in-aid code, which was beyond its jurisdiction. The petition was described as one under Article 226 of the Constitution of India and following reliefs were sought in the petition:--

(3.) Learned Single Judge while deciding the petition partly allowed the petition, by upholding the reinstatement part of the award and setting aside the award, so far as relate to the back-wages and hence, this appeal.