LAWS(GJH)-2023-5-580

BOTAD NAGARPALIKA Vs. BHAGVANBHAI BECHARBHAI VAGHELA

Decided On May 05, 2023
Botad Nagarpalika Appellant
V/S
Bhagvanbhai Becharbhai Vaghela Respondents

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs:-

(2.) By the impugned judgment and award, the learned labour Court had granted reinstatement with 10% back-wages. Pending the Special Civil Application, the petitioner-Municipality has reinstated the respondent-workman in lieu of payment of wages under Sec. 17B of the Industrial Disputes Act. Further, during the pendency of the present Special Civil Application, the respondent-workman has also retired on 24/8/2022 after attaining the age of superannuation.

(3.) In the present case, the only issue which remains to be adjudicated is with respect of 10% back-wages. Upon the query being made by this Court, the learned counsel for the petitioner submits that the 10% back-wages as payable to the respondent- workman would an amount of Rs.22,000.00 as calculated by the petitioner-Municipality. The said amount is not disputed by the learned counsel for the respondent. Perusing the evidence on record, it is seen that the payment of 10% back-wages in the facts and circumstances of the present case is justified. No interference is called for.