GSRTC Vs. FATEHSINH CHHATRASINH RAJ

JUDGEMENT

(1.) By this Letters Patent Appeal under Clause 15 of the Letters Patent, serious challenge is made by the Gujarat State Road Transport Corporation (hereinafter referred to as "GSRTC") against the judgment of the learned Single Judge dated 6.5.2002 rendered in Special Civil Application No.14009 of 1993, whereby, the writ petitions filed by both the parties came to be partly allowed, the award dated 23.4.1992 passed by the Labour Court, Bharuch, in Reference (LCB) No.310/83 [old No.521/90] came to be set aside, and the GSRTC was directed to reinstate the respondent-workman as BADLI WORKMAN to his original post at original seniority list with continuity of service without backwages for the interim period from the date of termination till the date of award, but with full backwages from the date of award till the date of actual reinstatement. It is in this context that the appellant-GSRTC has preferred the instant appeal by invocation of Clause 15 of the Letters Patent.

(2.) A few material facts which are not in controversy, and which are relevant for the purpose of consideration and adjudication of the merits of this appeal may be highlighted at this juncture:

(3.) We have heard the learned counsels appearing for the parties extensively. We have given our anxious thoughts and considerations to the factual profile emerging from the record of the present case. Be it also mentioned that we have seriously considered the relevant and material legal setting of the provisions of the Act as well as the relevant propositions laid down in recent case law.