STATE OF GUJARAT Vs. BIKHUBHAI R. CHAVDA.

JUDGEMENT

(1.) By way of this appeal which is filed under Clause 15 of the Letters Patent, the appellant-original petitioner seeks to challenge the order dated 30.10.2015 passed by the learned Single Judge in Special Civil Application No.9500 of 2015, by which the learned Single Judge has dismissed the petition.

(2.) Heard learned Assistant Government Pleader Mr. Devnani for the appellant and learned advocate Ms. Chhaya for respondent nos.1 and 2.

(3.) Learned Assistant Government Pleader Mr. Devnani submitted that respondent-workman was terminated by the petitioner by oral order dated 3.5.1998 and therefore the respondent-workman raised the dispute which was referred to the Labour Court, Rajkot and registered as Reference (LCR) No.484 of 1998. The Labour Court, by an award dated 17.10.2006, partly allowed the reference and thereby directed the petitioner to reinstate the respondent-workman with continuity of service and without back wages. The said order came to be challenged by the petitioner by filing Special Civil Application No.17188 of 2007 and allied matters. Learned Single Judge admitted the said petitions and granted conditional adinterim relief. Learned Single Judge granted such relief on condition that the petitioners shall have to reinstate each respondent-workman in service on or before 31.12.2007. It is submitted that the said order came to be challenged by filing Letters Patent Appeal before this Court. The Division bench passed an order on 3.3.2009 in Letters Patent Appeal No.883 of 2008 and only thereafter the respondent-workman was reinstated. Learned Assistant Government Pleader, thereafter, submitted that wages for the period between 2006- 2009 were not paid to the respondent-workman and therefore recovery application came to be filed. The Labour Court, by an order dated 14.10.2014, allowed the recovery application and thereby directed the petitioner to pay the salary of the respondent-workman during the period between 2.12.2006 to 15.12.2009. The said order came to be challenged before this Court by way of filing captioned writ petition, which is dismissed by this Court.