BHUJ MUNICIPALITY Vs. SULEMAN HUSSAIN BAKALI

JUDGEMENT

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

(2.) The factual matrix in the present case is as follows :-

(3.) Learned advocate Mr. B. Y. Mankad appearing on behalf of the petitioner Municipality submits that in the present case, there is no adjudication with respect to the amount of difference of arrears of pay, D.A. etc. to be paid to the respondent workman in the impugned order. He further submits that the learned Labour Court has accepted the amount claimed by the respondent workman without any adjudication as to whether he was entitled to the said amount as claimed. He submits that even otherwise, the impugned order dtd. 4/10/2010 has to be adjudicated on merits as the challenge to the same was dismissed on the ground of delay. He therefore submits that in absence of any adjudication as to the entitlement of the respondent workman as well as difference in the amount, the present Special Civil Application be allowed and the impugned order be set aside.