1. By order dated 19.4.2012 this Court (Coram : K.S.Jhaveri, J.) was pleased to pass the following order :
"Rule.
In the meantime, there shall be an ad-interim relief qua 20% back wages is stayed.
Notice as to confirmation of interim relief returnable on 02nd May, 2012. It will be open to the petitioner to serve the respondent by direct service as well as registered post A.D. "
2. When the matter was listed for its hearing for confirmation of the Ad-interim relief on 2.5.2012, this Court passed the following order :
"At the request of Ms. Shruti Pathak, learned AGP. time to reinstate the respondent workman as per the condition imposed by an order dated 19.4.2012 is extended till 8.5.2012."
3. Ms.
Shruti Pathak, learned Assistant Government Pleader points out that there is no condition attached to Ad-interim relief qua 20% back wages is concerned. Ms. Pathak is correct in pointing out that there is no condition in the order dated 19.4.2012. However, the fact remains that this Court while admitting the matter has not granted any stay against reinstatement. Considering the fact that the petitioners have challenged the impugned judgment and award as the petition is pending before this Court in the event that this Court has not stayed the order of reinstatement it goes without saying that the said award has to be implemented. As even the interim relief which is prayed for by the petitioner in paragraph 10(c) relates to stay implementation, execution and operation of the impugned judgment and award dated 8.10.2012 passed by the Presiding Officer. Labour Court, Bhavnagar in Reference (LCB) No.584 of 1993. Considering the aforesaid prayer as prayed for, this Court while admitting the matter has granted stay only qua back wages.
4. In view of the above position Ms. Pathak, learned Assistant Government Pleader seeks further time to take instructions in the matter. Hence, S.O. to 14.6.2012.
Meanwhile, if the respondent workman is reinstated, the petitioner shall file further Affidavit to bring such facts on record.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top