SOMABHAI DEVABHAI CHAUHAN Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) Admit. Mr. Jayesh Barot, learned advocate appearing for Mr. HS Munshaw, learned advocate of respondent, waives service of notice of admission on behalf of the respondent- S.T. Corporation.

(2.) Since the question involved in this appeal is in a narrow compass in relation to modification of the order of backwages made by the learned Single Judge, with the consent of the learned advocates appearing for the parties, the appeal is taken up for final hearing today and is decided by this judgment.

(3.) Instant appeal which is filed under Clause 15 of the Letters Patent is directed against judgment and order dated 15.7.2002 rendered by learned Single Judge in Special Civil Application No. 6423 of 2002 by which, while allowing the petition partly, award dated 29.10.2001 rendered in Reference (LCN) No.75 of 1999 by the learned Presiding Officer, Labour Court, Navsari, to reinstate the appellant with full backwages and with continuity of service has been modified and thereby backwages has been reduced to the extent of 40% for intervening period till reinstatement and rest of the award has been confirmed.