(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr.Anand B.Gogia, learned counsel appearing for the appellant and Mr.H.S.Munshaw, learned counsel appearing for respondent nos.1 and 2. This Letters Patent Appeal has been filed challenging the order dated 22.3.2012 passed by the learned Single Judge in Special Civil Application No.854 of 2012 by which the learned Single Judge has dismissed the writ petition filed by the appellant-petitioner. The appellant was working as a peon under respondent Panchayat with effect from 1.9.1996 to 31.3.1999. According to the appellant, his services were terminated orally and, therefore, the appellant raised an industrial dispute which was numbered as Reference (LCR) No.161 of 1999. The Labour Court, after hearing the learned counsel, directed the reinstatement of the appellant on regular post without back wages and continuity of service. Before the learned Single Judge, the learned counsel for the respondent had pointed out that the appellant was appointed in service at the age of 43 years and the appellant had worked for a period of less than three years. Further, the appellant was appointed under a project and after completion of the project, he was released from service. The learned Single Judge was of the opinion that normally, at the age of 43 years, no appointment should be offered as in Government service, age of appointment is upto 35 years. However, the learned Single Judge did not interfere with the Award of the Labour Court and directed and dismissed the writ petition.
2. Learned counsel for the appellant has urged that the effect of the award of the Labour Court was that the respondents have reinstated the appellant, but since no back wages or continuity of service was given to the appellant, the appellant's services have remained only for 37 days, therefore, he got a cheque of Rs. 900/- and his services came to an end. Be that as it may. In view of the facts narrated above, we do not find that the Labour Court or the learned Single Judge has committed any illegality in their impugned orders. This Appeal is devoid of any merits and is accordingly dismissed. Notice is discharged.
(V.M.SAHAI,J) (G.B.SHAH,J) ***vcdarji