YOGESH VALLABHDAS KELAIYA Vs. JETPUR NAVAGADH MUNICIPALITY

JUDGEMENT

(1.) By filing this Letters Patent Appeal, under Clause 15 of the Letters Patent, the appellant has challenged order dated 21.01.2014 passed by learned Single Judge of this Court in Special Civil Application No.21932 of 2006, whereby the appellant herein is held entitled to receive Rs.30,000/- in lieu of reinstatement in service and towards benefits of service.

(2.) Short facts leading to the filing of present appeal are as under:-

(3.) It is contended by the appellant that the appellant has filed Misc. Civil Application No.803 of 2014 in Special Civil Application No.21932 of 2006 for review of the order passed in the main petition. It is contended that vide order dated 21.03.2014, the learned Single Judge has directed the respondent to maintain status quo ante which was prevailing prior to 14.03.2014 on condition that the applicant shall return the amount of Rs. 30,000/- which was deposited in the account of the appellant. It is contended that pursuant to the said order, the applicant has returned the amount of Rs.30,000/- by cheque dated 24.03.2014 drawn on State Bank of India, Jetpur Branch and it was further intimated by letter dated 24.03.2014 to the Nagarpalika and he was allotted the work of election duty in Lok Sabha Election in Gujarat at the relevant time. It is also contended that Misc. Civil Application No.803 of 2014 was dismissed by this Court vide order dated 07.04.2014. Being aggrieved and dissatisfied with the orders passed in main petition as well as in Misc. Civil Application, the present Letters Patent Appeal has been preferred by the appellant challenging the order of modification in the order of Labour Court and payment of Rs.30,000/- in lieu of reinstatement.