CHANDRAVADAN M PANDYA Vs. DY EXECUTIVE ENGINEER

JUDGEMENT

(1.) WE have heard Mr. P.H. Pathak, learned counsel appearing for the appellant and Mr. V.R. Jani, learned counsel holding brief of Mr. R.C. Jani appearing for the respondent.

(2.) THIS Letters Patent Appeal has been filed by the appellant challenging the judgment and order dated 15.9.2005 passed by the learned Single Judge in Special Civil Application No.443 of 2001 whereby the writ petition preferred by the respondent herein was allowed and instead of reinstatement and full back wages as directed by the Labour Court, the learned Single Judge directed the respondent herein to pay an amount of Rs.20,000/- as compensation.

(3.) THIS Court in case of Motibhai and Ors. Vs. Vinubhai Purshottambhai Patel and others, reported in 2013 (1) GLH, 440, was called upon to decide whether Letters Patent Appeal under Clause 15 of the Letters Patent would be maintainable in view of the fact that the learned Single Judge really exercised jurisdiction under Article 227 of the Constitution of India. The Division Bench after analysis of various judgments of this Court and Hon'ble Supreme Court observed as Under :-