KESHOD NAGARPALIKA Vs. MANSUKHLAL SAKRABHAI MAKWANA AND 1

JUDGEMENT

(1.) Special Civil Application nos. 19969 of 2015 and 19970 of 2015 are preferred by the employer against the workmen who have preferred Special Civil Application nos. 7817 of 2016 and 7818 of 2016. The Reference (LCJ) No. 128 of 2004 was made at the instance of Mansukhlal S. Makwana, the petitioner in Special Civil Application no. 7818 of 2016 and Reference (LCJ) No. 127 of 2004 was made at the instance of Jethva Harsukhbhai Devji, petitioner in Special Civil Application no. 7817 of 2016.

(2.) Since the facts in both reference cases lodged before the Labour Court, Junagadh are common, the Reference (LCJ) No. 128 of 2004 is treated as lead matter.

(3.) The group of petitions above referred, arose out of on a award dated 21.01.2015, whereby, the termination of the workmen said to have been effected on 25.11.2002, was quashed and set aside and the workmen were ordered to be reinstated on then original post without backwages with continuity of service. While employer is aggrieved by the said order of reinstatement with continuity of service, the employee workmen are aggrieved by the denial of backwages to them.