KANIYALAL LAKSHMISHANKAR JANI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) RULE returnable forthwith. Mr.Soaham Joshi learned AGP waives service of notice of Rule on behalf of the respondent State.

(2.) With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

(3.) The case of the petitioner is that the petitioner was working as a daily wager from 15/11/1990 under the respondents. He continued to do so till 15/6/2000 when his services were terminated. He challenged his termination before the Labour Court. The Labour Court by an award dtd. 19/3/2015, awarded reinstatement with continuity of service and 30% of back- wages. The challenge to this award before a coordinate bench of this Court and before the Division Bench failed inasmuch as, the Special Civil Application was dismissed on 16/3/2016 and the Letters Patent Appeal was dismissed on 19/6/2017. The only modification made in the award was that of setting aside it to the extent of back-wages. The relevant portion of the order of the Division Bench in Letters Patent Appeal No.708 of 2017 reads as under: