HARDESHBHAI M BASIYA Vs. SUB DIVISIONAL ENGINEER(OFC)

JUDGEMENT

(1.) THIS appeal is at the instance of a respondent of a Special Civil Application which was directed against an award dated May 17, 2010 passed by the Industrial Tribunal, Central, Bhavnagar in Reference [ITC] No. 23 of 2009 by which, the Tribunal partly allowed the said Reference directing the employer to reinstate the applicant who was respondent before the learned Single Judge, with 20% back wages with continuity of service in his original post.

(2.) THE learned Single Judge, as it appears from the order impugned, modified the award to the extent that the employer should pay a total sum of Rs. 25,000/ - to the workman in lieu of reinstatement with back wages with continuity of service as awarded by the Tribunal.

(3.) THE Supreme Court in the case of Surya Dev Rai vs. Ram Chander Rai and others, 2003 6 SCC 675has made the following distinction between the proceedings under Articles 226 and 227 of the Constitution: