LAWS(GJH)-2022-12-1584

DHORAJI MUNICIPALITY Vs. IRFAN IBRAHIM POTHIAWALA

Decided On December 19, 2022
DHORAJI MUNICIPALITY Appellant
V/S
Irfan Ibrahim Pothiawala Respondents

JUDGEMENT

(1.) By way of present appeal under Clause 15 of the Letters Patent, the appellant - original petitioner of Special Civil Application No.7094/2018 has challenged a common oral judgment dtd. 24/10/2019 passed by the learned Single Judge in the captioned writ petition by which the learned Single Judge has upheld the judgment and award dtd. 30/8/2017 passed by the learned Presiding Officer, Labour Court No.2, Rajkot whereas the claim of the respondent - employee for refusing 100% back wages is also dismissed.

(2.) Short facts emerging from the record of the case are as follows:

(3.) Learned advocate Mr. Premal Joshi appearing for the appellant - original petitioner would submit that it is an undisputed fact that for certain period i.e. from 2002 to 2020, the respondent - workman has not worked till he was reinstated and therefore, the award passed by the learned Labour Court as confirmed by the learned Single Judge be quashed and set aside.