CHIEF DISTRICT HEALTH OFFICER Vs. KANTABEN B MAKWANA

JUDGEMENT

(1.) The petitioners, namely, District Panchayat, Jamnagar, through its Chief District Health Officer and others, have filed this petition under Articles 226 and 227 of the Constitution of India, praying for quashing and setting aside the award dated 2.12.1996 passed by the Presiding Officer, Labour Court, Jamnagar in Old Ref. (LCR)No.1522/1988 / New Ref. No. LCJ/1378/90.

(2.) This Court has admitted the petition and rule was issued on 3.12.1997. The Court has also stayed implementation of the award till the final disposal of the petition. The Court has also recorded the statement of Mr.P.V.Hathi, learned advocate appearing for the petitioners that the petitioners were ready to resume her to work for 3 hours in a day on a fixed salary of Rs.600/- as per Government Circular. The Court has also observed that it would be for the respondent to accept the terms as they were being offered. In this view of the matter, the Court has not passed any order with respect to wages under Section 17-B of the I.D.Act, 1947.

(3.) The above order of this Court dated 3.12.1997 was challenged by the respondent before the Division Bench in LPA No.6/1998 and while disposing of the LPA vide its order dated 19.8.1998 the Division Bench has recorded the submissions of the parties and it was observed therein that the appellant / present respondent has been reinstated in service and has been directed to work at Latipur, which is a place near to the residence of the appellant. The Court, therefore, observed that the grievance of the appellant was redressed to some extent and in view of the changed circumstances, the Court did not think that the respondent / present petitioner should be directed to pay any back wages to the appellant for the time being.