STATE OF GUJARAT Vs. PRADEEPKUMAR MANSUKHLAL NATHVANI

JUDGEMENT

(1.) RULE. Learned advocate Ms.Sejal Mandavia waives service of notice of rule for and on behalf of the respondent No.1.

(2.) The present writ petition has been filed by the State Government assailing the order dtd. 13/3/2020 passed in Recovery Application No.100 of 2015, wherein and whereby the Court below has directed the present petitioner-State authorities to pay an amount of Rs.2,25,373.00 for a period from 4/1/2007 to 9/1/2013, which would be the salary of the petitioner.

(3.) The respondent-workman was terminated from service on 31/3/1989, which was challenged before the Labour Court in Reference (LCB) No.459 of 1989. The Labour Court by the award dated 04. 01.2007, directed the petitioners to reinstate the respondent with continuity of service with 40% back wages. The same was subject matter of challenge in the writ petition filed by the State authorities being Special Civil Application No.12607 of 2007. The writ petition was partly allowed and the direction issued by the Labour Court for granting 40% back wages was quashed and set aside however, the reinstatement was not disturbed. Letters Patent Appeal No.2148 of 2007 was filed against the said order of the Coordinate Bench of this Court and the same was also disposed of as having become infructuous vide order dtd. 27/9/2013 since the main writ petition was already decided by the judgement dtd. 8/2/2013 altering the award to the extent of denying 40% back wages and hence, the order passed by the Coordinate Bench of this Court directing reinstatement had become final.