ABAD MUNICIPAL COMMISSIONER Vs. HIRALAL DAHYABHAI RATHOD

JUDGEMENT

(1.) Heard learned advocate Mr. Munshaw for the petitioner Corporation and Mr. M.B.Gandhi for the respondent workman. In this petition under Article 227 of the Constitution of India, the petitioner has challenged the award made by the Labour Court, Ahmedabad in Reference (LCA) No. 81 of 1992 dated 21st April, 1997 wherein, in reformative measure, the labour court has granted reinstatement in favour of the respondent with continuity of service without back wages for the intervening period. Under the said award, the labour court has also imposed punishment of stoppage of two annual increments of the workman with future effect. This petition was admitted by this Court on 28th August, 1997 and while admitting the petition, notice as to interim relief was issued by this court. Thereafter, this Court passed following interim order on 24th November, 1997 :

(2.) The petitioner is pressing for the stay of the impugned award. Hence, the following order: Interim stay of the impugned award on the respondent being paid his last drawn wages under section 17B of the ID Act. The impugned award is dated 21st April, 1997. It was published on 10.7.1997. The award states that it has to come into force within 30 days from the date of publication. Hence, the respondent will be paid his last drawn wages from 10th August, 1997 onwards. This is with a rider that the petitioner is at liberty to employ the respondent without prejudice until the matter is further heard in a post which will not involve any financial transactions. The matter to be placed on final hearing board on 9.2.1998. Mr. Munshaw states that the arrears will be cleared on or before 31st December, 1997 including the payment under section 17B of the Act for the month of December, 1997. The payment thereafter will be made by the end of each subsequent month. "

(3.) Learned advocate Mr. Gandhi submits that in view of the award of reinstatement and also in view of the observations made by this Court in the interim order dated 24.11.1997, the respondent workman has been reinstated in service and at present, the respondent is in service with the Corporation.