RAJKOT DISTRICT PANCHAYAT Vs. JAYABEN MAVJIBHAI

JUDGEMENT

(1.) Heard learned advocate Mr.H.S.Munshaw on behalf of the petitioner - Panchayat and learned advocate Mrs.D.T.Shah for respondent workman.

(2.) Both these petitions filed by the very Panchayat Rajkot District Panchayat challenging the common award passed by the Labour Court, Rajkot in Reference No.90 / 1985 and 1118 / 1986 dated 13th August, 1993 and therefore, both these petitions are being disposed of by this common judgment. In the impugned award passed by the labour court, the labour court has set aside the termination order and directed the petitioner to reinstate the workman in service on original post within one month from the date of publication of the award and to pay 50 % backwages of the interim period from January, 1985 till the date of reinstatement of the workman in service.

(3.) The first petition - Special Civil Application No.12569 / 1993 is admitted by this Court while issuing Rule and also granted ad-interim relief in terms of para-8[C] to the extent of backwages only vide order dated 19.1.1994 and similarly in second petition also S.C.A. No.12570 / 1993, the same is also admitted by this Court while issuing Rule and granted ad-interim relief in terms of para-8[C] to the extent of backwages only. The learned advocates for both the parties, have fairly admitted before this Court that there is no stay against reinstatement and in pursuance thereof, the workman has been reinstated in service by the petitioner Panchayat. Learned advocate Mrs.D.T.Shah has submitted that the present respondent workman is still working with the petitioner Panchayat from the date of reinstatement by the District Panchayat i.e. from the year 1994 and continuously remained in service upto 2003, meaning thereby, for more than nine years. Therefore, this is relevant consideration and factor while deciding the controversy raised in both these petitions filed by the petitioner Panchayat.