PIYUSH RAMANLAL SHAH Vs. GUJARAT VIDHYAPITH

JUDGEMENT

(1.) A short issue is involved in the present Letters Patent Appeal relating to the grant of back wages.

(2.) Mr. Aditya Gupta, learned advocate appearing for the appellant has submitted that the learned Single Judge has reduced the back wages to the extent of 25% from 100% which was granted by the Tribunal vide judgment and order dtd. 30/3/2009 in Appeal No.1 of 2008. Mr. Gupta, learned advocate has submitted that in fact, the learned Single Judge has reduced the grant of back wages only by recording the facts in paragraph Nos.80 and 81 inter alia stating that since the appellant was discharging his honorary service with other institutions and he was also being paid regular salary pending the writ petition, without taking any work from him, he would be entitled to back wages to the extent of 25%. Mr. Gupta, learned advocate has invited the attention of this Court to the observations recorded by the Tribunal in the judgment and order dtd. 30/3/2009, more particularly, paragraph No.389 and has submitted that though an opportunity was offered to the respondent - Gujarat Vidhyapith relating to the grant of back wages, however, no submissions were made. Mr. Gupta, learned advocate has further submitted that since the appellant has been victimized right from his inception that is from his date of his appointment by the respondent - Gujarat Vidhyapith and they have also continuously embroiled him in various litigations, the amount of back wages, as directed by the Tribunal to the extent of 100%, is required to be paid to him.

(3.) Mr. Gupta, learned advocate has further submitted that from 31/3/2009 onwards, the appellant is being paid regular salary and it is not the case of the respondent that he was unwilling to work during the pendency of the writ petition, however, the respondent did not assign any work to him and he was paid salary in view of the interim order dtd. 2/3/2010. Thus, it is urged that the observations recorded by the learned Single Judge with regard to grant of back wages and denying him the back wages to the extent of 75% is required to be quashed and set aside. It is further stated by learned advocate Mr.Gupta that Letters Patent Appeal No. 834 of 2015 filed by the respondent - Gujarat Vidhyapith has been rejected by the order dtd. 26/10/2015 by the Coordinate Bench. It is stated by learned advocate Mr. Gupta that the amount of back wages to the tune of Rs.18,00,000.00 was deposited before the Registry of this Court, however, he was allowed to withdraw 25% of the same i.e. Rs.4,50,000.00 and the respondent - Gujarat Vidhyapit was allowed to withdraw an amount of Rs.13,50,000.00 and it is urged that the said amount may be paid to him.