(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) Admittedly, the impugned order of learned single Judge is an interim order and, even as the petition of the appellant is admitted, the respondent is ordered to be reinstated instead of being allowed the benefit of the provisions of section 17-B of the Industrial Disputes Act, 1947 ("the Act" for short). There was limited consensus to the extent that the original award of the Central Government Industrial Tribunal-cum-Labour Court was made after 21 years of original punitive termination of the respondent and even in the inquiry before the Court, serious charges were held to have been proved. Therefore, without prejudice to the rights and contentions of the parties, it was necessary and in the interest of justice that the petition was finally heard as expeditiously as practicable and, in the meantime, the appellant should not be forced to reinstate the respondent. Accordingly, the impugned order is set aside to the extent that operation and execution of the original award impugned before learned single Judge shall remain stayed, while the respondent shall be entitled to claim the benefit under the provisions of section 17-B of the Act, in accordance with law and after complying with necessary conditions therefor. Accordingly, by consent, the appeal is allowed to that extent and disposed accordingly with the civil application, which does not survive.
Sd/-
( D.H.Waghela, J.) Sd/-
( G.B.Shah, J.) (KMG Thilake) Top