MANAVADAR NAGARPALIKA Vs. CHANDRIKABEN DEVSHIBHAI BARAIYA

JUDGEMENT

(1.) On the last occasion Ms.Kayastha learned advocate for the respondent was not present and today also, when the matter is called out, she is absent.

(2.) This petition under Article 226 of the Constitution of India challenges the order of the Labour Court passed in Recovery Application No.120 of 2018, by which, the application of the respondent - workman for recoveries for the period from 22/3/2016 to 14/10/2018 has been allowed.

(3.) Mr.Krishnan Ghevariya learned counsel for the petitioner would submit that initially the award setting aside termination in the year 2000 was allowed on 3/10/2015, by which, the respondent was allowed to be reinstated with continuity of service but without back-wages. That award of the Labour Court was challenged by filing Special Civil Application No.10025 of 2016. This Court on 9/3/2017 allowed the municipality's petition setting aside the award of the Labour Court in favour of the respondent and directing payment of compensation. On a challenge by the respondent-workman before the Division Bench of this Court in Letters Patent Appeal No.1769 of 2017, the Division Bench remanded the matter to the learned Single Judge for a fresh consideration. That order of the Division Bench was passed on 28/3/2018. Pursuant to the remand, the learned coordinate bench of this Court by an order dtd. 11/9/2018, allowed the petition of the workman and directed reinstatement without continuity of service.