(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The basis of the present petition is non-implementation of the award passed by the Labour Court in Reference (LCM) No.974/08, whereby the reinstatement was ordered without backwages and its further confirmation by this Court vide order dated 26.04.2011 in Special Civil Applications No.67/11 and 4368/11, whereby the direction was given to implement the award within a period of one month.
Pursuant to the notice issued by this Court, Mr. Dave, learned AGP tenders the copy of the order dated 30.06.2012, whereby the reinstatement has been made in service of the petitioner and the joining report pursuant thereto by the petitioner on 02.07.2012 is also produced.
Under the circumstances, as the reinstatement has been made, that part of the order could be said as having been complied with.
However, Mr.Hukamsingh, learned counsel appearing for the petitioner made a grievance that the arrears of wages from the date on which the High Court ordered to be implemented has not been paid till the actual date of the reinstatement.
Mr.Dave, learned AGP under the instruction of Mr.B.S. Prajapati, Deputy Executive Engineer states that the arrears from 26.04.2011 to 02.07.2012 shall be paid within a period of one month to the petitioner.
Hence, we direct the respondent to comply with the aforesaid declaration.
The present proceeding shall stand disposed of accordingly. Liberty to apply in the event the declaration made before this Court is not complied with.
(JAYANT PATEL, J.) (C.L.
SONI, J.) *bjoy Top