CHIEF ADMINISTRATIVE OFFICER Vs. RAJUBHAI RAMBHUJBHAI YADAV

JUDGEMENT

(1.) This appeal is filed under Clause 15 of the Letters Patent by the appellants- original respondents wherein the appellants have challenged the order dtd. 23/2/2022 rendered by the learned Single Judge of this Court whereby the learned Single Judge has allowed the petition filed by the respondent- original petitioner.

(2.) Heard Mr. H. S. Munshaw, learned advocate appearing for the appellants and Ms.Reena Kamani, learned advocate for the respondent.

(3.) Mr.Munshaw, learned advocate for the appellants mainly submits that the respondent-original petitioner was working with the appellants- original respondents since 30/6/1988 as a 'Rojamdar' Helper under the Deputy Executive Engineer, Surendranagar. It is submitted that the case of the respondent- original petitioner is that the services of the original petitioner came to be terminated with effect from 1/7/1992, and therefore, the original petitioner approached the Labour Court by filing Reference (LCF) No.97 of 1995. The Labour Court passed an award on 3/4/2006 whereby the original respondents were directed to reinstate the original petitioner without back wages. The original petitioner as well as the appellants- original respondents both challenged the said award by filing separate petitions before this Court. It is submitted that both the petitions were dismissed by the learned Single Judge of this Court by a common oral order dtd. 12/1/2016. Thereafter, the petitioner came to be reinstated as per the award passed by the Labour Court. On reinstatement, vide order dtd. 5/6/2017 the benefits of the Resolution dtd. 17/10/1988 as per the 5 th Pay Commission were given to the original petitioner. Learned advocate for the appellants further submits that once again on 18/7/2017, the original respondents granted certain benefits to the original petitioner. A copy of the said order is placed on record at page 51 of the compilation.