STATE OF GUJARAT Vs. KANAIYALAL BABALDAS PATEL

JUDGEMENT

(1.) In the present writ petition, the petitioner-State has assailed the judgment and award dtd. 13/4/2010 passed in Reference (LCM) No.931 of 2008 (old No.252 of 2007) by the Labour Court, Mehsana, wherein and whereby the petitioner authority has been directed to reinstate the respondent-workman on his original post with continuity of service without back wages.

(2.) On 27/1/2011, while issuing Rule, this Court had passed the following order:-

(3.) Today, when the matter is taken up for hearing, learned advocate Mr.Mukesh Rathod has submitted that the respondent-workman has been reinstated by the order dtd. 16/11/2011 subject to result of the petition. He has submitted that by the order No.154/2013 dtd. 24/5/2013, the respondent has been conferred the benefits of the Government Resolution dtd. 17/10/1988 and his pay was fixed at Rs.2,550.00. It is further submitted by him that the order No.91/2018 dtd. 28/9/2018, the respondent is further conferred the benefits on completion of 10 years and has been placed on the regular pay-scale of Rs.3050.004590. He has submitted that the respondent-workman is on the verge of retirement and hence, looking to the orders passed by the authorities, the present petition may not be entertained. He has supplied the order No.154/2013 dtd. 24/5/2013 and order No.91/2018 dtd. 28/9/2018. The same are ordered to be taken on record.