HARIJAN NAGINBHAI BALUBHAI Vs. DEPUTY EXECUTIVE ENGINEER

JUDGEMENT

(1.) Present appeal under Clause 15 of the Letters Patent is directed against the order dated 28.1.2013 passed/by the learned Single Judge of this Court in Special Civil Application No. 5438 of 2008 read with the order dated 5.3.2013 passed in Miscellaneous Civil Application No. 420 of 2013, whereby the learned Single Judge has maintained the award for reinstatement but has quashed the award of the labour Court for back wages.

(2.) Mr. Banaji, learned A.G.P. is not in a position to dispute the aspect that when the award of reinstatement is stayed and the wages are paid under section 17-B of the Act pending the litigation and when the award is ultimately maintained, there is no question of recovery of the wages paid under section 17-B of the Act.

(3.) On the first aspect, it appears that the learned Single Judge has found that the back wages should not be ordered in a mechanical manner and the learned Single Judge further found that in view of the decisions of the Apex Court referred to by him in para 3, the prayer for back wages was required to be rejected by the Labour Court.