STATE OF GUJARAT Vs. MANUBHAI JODHABHAI GAMARA

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the judgement and award dated 23.10.2008 passed by the Labour Court, Jamnagar, in Reference (LCJ) No. 248 of 2000 whereby the Labour Court has partly allowed the Reference and granted reinstatement with continuity of service and directed the petitioner to pay 35% backwages.

(2.) LEARNED counsel for the petitioner has contended that identical issued was raised in Special Civil Application Nos. 8286 of 2004 to 8298 of 2004 which came to be partly allowed by judgement dated 25.8.2004 by passing the following judgement:

(3.) LEARNED counsel for the petitioner has submitted that the workman has been reinstated in service. Therefore, the only question left for consideration is back wages. In that view of the matter, in view of the earlier decision, the order of the Labour Court granting reinstatement with continuity of service is confirmed. The Labour Court has not assigned any reason for granting 35% backwages. Therefore, backwages is required to be quashed and set aside.