AMC Vs. DEVJIBHAI KARSANBHAI VADHER

JUDGEMENT

(1.) HEARD learned advocate Mr. Raval for the petitioner and Mr. Gadhia for the respondent workman. In this petition under Article 227 of the Constitution of India, the petitioner Corporation is challenging the legality, validity and propriety of the award made by the Labour Court, Ahmedabad dated 21.1.1993 in Reference (LCA) No. 2428 of 1988 wherein the labour court, Ahmedabad has partly allowed the reference and has also se aside the order of suspension made by the petitioner corporation against the respondent workman dated 4.9.1987 as well as the order of dismissal dated 5.8.1988. Under the said award, the labour court also directed the petitioner corporation to reinstate the respondent workman in service with consequential benefits. The labour court has further clarified that as the orders about back wages for the intervening period were not made, no orders about punishment against the workman have been made by it but cost of Rs.1000.00 was awarded by the labour court against the petitioner and in favour of the workman. After the aforesaid award was made by the labour court, one application being Miscellaneous Application No. 64 of 1993 in Reference No. 2428 of 1988 was filed by the petitioner corporation which was also rejected by the labour court on 9.3.1994.