LAWS(GJH)-1993-12-33

GUJARAT AGRICULTURAL UNIVERSITY Vs. P R DAVE

Decided On December 10, 1993
GUJARAT AGRICULTURAL UNIVERSITY Appellant
V/S
P.R.DAVE Respondents

JUDGEMENT

(1.) The petitioner-Gujarat Agricultural University prays that the proceedings or Payment of Wages Application No. 489 of 1987 pending before the Competent Authority Ahmedabad appointed under the Payment of Wages Act 1936 be quashed and the order dated April 19 1988 passed below Exh. 6 in the application by which the petitioner has been directed to produce certain documents be quashed and sc aside.

(2.) Respondent No. 1 in this petition is the authority under the Payment of Wages Act 1936 No one appears on behalf of respondent No. 1 The facts giving rise to this petition be stated Respondent No. 2 was appointed as Office Superintendent on September 22 1972 by the petitioner. His services were terminated on January 11 1973 He filed special civil application in this High Court challenging the legality and validity of the order of termination of service However the petition was withdrawn on September 13 1973 After the withdrawal of the petition he filed suit in the City Civil Court Ahmedabad challenging the legality and validity of the order of termination of service. The suit was also withdrawn some time in July 1978 Thereafter he raised industrial dispute praying for reinstatement in service with backwages. The Labour Court by its award dated July 6 1989 passed in Reference (LCA) No. 1074/82 quashed and set aside the order of termination of service and directed the petitioner-University to reinstate respondent No. 2 in service with continuity of service and with full backwages. The petitioner-University challenged the legality and validity of the aforesaid award by filing special civil application No. 454 of 1985 in this High Court The High Court by judgment and order dated February 12 1986 confirmed the award passed by the Labour Court as far as reinstatement is concerned However the High Court modified the order its regards payment of full back-wages and reduced the same to payment of 50% of backwages Respondent No.2 was reinstated in service as Office Superintendent by the petitioner-University in July 1986 But the petitioner challenged the legality and validity of the order passed by this High Court before the Supreme Court by filing special leave petition (civil) The Honble Supreme Court granted special leave and directed the petitioner to pay 1/2 (one half) of the backwages ordered by the High Court and granted stay regarding payment of other half Some miscellaneous proceedings were also taken before the Supreme Court by both the sides but it is not necessary to refer to the same in further details for deciding this petition

(3.) During the pendency of civil appeal No. 3169 of 1986 before the Honble Supreme Court filed by the petitioner University on December 8 1987 respondent No.2 filed application before the Payment of Wages Authority being payment of wages application No.489/87 In this application he prayed for payment of an amount of Rs. 69 140 90 ps. as per the details given in Schedule-E to the application and also prayed for interest at the rate of 18% per annum on the aforesaid amount. Respondent No. 2 also prayed for imposition of penalty and other reliefs in the said application The University filed reply on January 25 1988 On February 18 1988 respondent No. 2 filed application Exh. 6 in the Payment of Wages application and prayed that the petitioner-University be directed to produce following documents: