ABBA YUNUS AAVADBHAI IMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the petitioner, a retired Forest Guard, has prayed for the following reliefs:

(2.) The facts of this case may be summarized as under: 2.1 The petitioner was employed as a 'Forest Guard' on a fixed wage of Rs.2,500/­ per month in January, 1973. Two years later, his services were terminated on the ground that the same were no longer required. For nearly thirteen years, the petitioner remained content with that termination. It was only in the year 1988 that he for the first time filed a Civil Suit challenging the termination order. The civil suit was ordered to be dismissed by the trial Court on the ground that the same was barred by limitation. An appeal preferred by the petitioner against the order of dismissal was eventually withdrawn in the year 2001 with a view to institute the fresh proceedings before the Labour Court.

(3.) The State of Gujarat, being dissatisfied with the award passed by the Labour Court, preferred the Special Civil Application No.6345 of 2011. By an oral judgment dated 6th February, 2013, the learned Single Judge of this Court partly allowed the petition holding as under: