EXECUTIVE ENGINEER Vs. W R RAHANGADALE

JUDGEMENT

(1.) HEARD Mrs. K. Joshi, learned Assistant Government Pleader for appellants. Shri Talmale, Advocate for respondent no. 1 is absent.

(2.) THIS Letters Patent Appeal is directed against the order dated 31. 10. 1996 passed by learned Single Judge refusing to grant Rule in Writ Petition No. 1912/96 in so far as reinstatement of respondent no. 1 is concerned.

(3.) BRIEFLY, the facts which are relevant for disposal of this appeal are as follows :-In January, 1990 the respondent no. 1 raised a dispute claiming that he was working with the appellants from 1981 till 21. 12. 1984 and from 26. 12. 1984 he was illegally terminated. Conciliation proceedings were held. The Conciliation Officer submitted failure report to the Government whereupon a reference was made to the Labour Court in respect of the dispute of termination of the respondent no. 1 and his entitlement to back wages. Labour Court at Bhandara by an award dated 13. 2. 1996 passed in Reference (IDA) No. 10/90 held in favour of respondent no. 1 and consequently, answered the Reference in affirmative and directed the appellants to reinstate the respondent no. 1 with continuity of service with full back wages with effect from 26. 12. 1984. This award was challenged by the appellants by filing Writ Petition No. 1912/96. The learned Single Judge while admitting the petition on 31. 10. 1996 passed the following order :-"rule only on the aspects of back wages. Ad-interim stay as regards back wages only. " the order passed by learned Single Judge refusing to issue Rule in so far as relief of reinstatement granted to respondent no. 1 is concerned, is challenged by filing the present Letters Patent Appeal.