EMPLOYEES STATE INSURANCE SCHEME Vs. DAMJIBHAI CHAKUBHAI PATEL

JUDGEMENT

(1.) The State of Gujarat, through the Employees State Insurance Scheme, through its Director of Medical Services, E.S.I. Scheme, Ahmedabad, appellant - original petitioner (herein after referred to as petitioner) has filed this appeal under clause 15 of the Letters Patent against the judgment and order dated 14.8.2001 passed by the learned single Judge in Special Civil Application No.9316 of 1993. The learned single Judge, by the impugned judgment and order, has partly allowed the petition filed by the petitioner. The learned Judge also modified the award dated 28.12.1992 passed by the Labour Court, Valsad, in Reference (LCV) No.1718 of 1990, to the extent that Damjibhai Chakubhai Patel - opponent original respondent (hereinafter referred to as respondent), Medical Officer in Ayurvedic Division, shall be entitled to 40% back wages for the period from 27.4.1989 till he is reinstated in service. The learned Judge confirmed the rest of the award and made the rule absolute to that extent and the interim relief granted earlier by the Court was vacated.

(2.) It may be noted that the tribunal by its award pleased to accept the reference of the respondent and pleased to hold that the order dated 27.4.1989 by which respondent was relieved from service be quashed and set aside and he is reinstated with full back wages from 27.4.1989 till he is reinstated and also awarded costs of Rs.200/- by his order dated 28.12.1992.

(3.) The relevant facts giving rise to this appeal are as under:- BACK GROUND OF THE MATTER:-