1. Heard ld. Advocate for the parties. Shri Mangukiya, ld. Advocate, invited this Court's attention to the order passed by this Hon'ble Court (Coram: Hon'ble Mr. Justice K.S.Jhaveri) in another Special Civil Application No.24717 of 2005 and submitted that the same order be passed in this petition also, as the facts are almost identical and challenge is also same.
2. Ld. AGP Ms. Pathak, on instructions of Shri H.R.Vankar, Executive Engineer, Irrigation and Maintenance Department, Bhavnagar and on her own assessment also, submitted that there cannot be any objection in passing identical orders in this matter also.
3. Accordingly, this petition is disposed of. The award qua reinstatement is not disturbed as the same is held to be just and proper and the only modification which is effected under this proceeding is the workman in the petition is entitled for any back wages. So apart from this modification, qua direction of back wages, the order and directions in award is as it is. The petition is partly allowed with no order as to costs. Rule is made absolute to the aforesaid extent. No order as to costs.
Ankit* [S.R.BRAHMBHATT, J.]