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State vs Rashmikant

High Court Of Gujarat|29 March, 2012

JUDGMENT / ORDER

1. RULE.
Mr. Vaibhav Vyas learned counsel waives service on behalf of respondent no.1.
2. By way of interim relief, the impugned judgment and award passed by the Central Government Industrial Tribunal-cum-Labour Court, Ahmedabad in Reference (ITC) No.50/1995 (Old) and Reference-CGITA No.636/2004 (New) dated 10.06.2011 shall remain stayed only qua the relief of grant of 50% back wages and modification of the punishment of discharge to stoppage of two increments on condition that respondent no.1-workman shall be reinstated in service within a period of thirty days from today.
3. The order of reinstatement has been passed since respondent no.1-workman has remain unemployed for a period of about sixteen years and it would not be in public interest to pass an order u/s.17-B of I.D Act since the petitioner is a public institution.
4. If reinstatement is not granted within the above period, then it shall be open to respondent no.1-workman to file appropriate proceedings u/s.33(C)(2) of I.D. Act claiming regular salary and back wages as if the impugned award has not been stayed by this Court. It shall be open to either side to move for early hearing.
[K.
S. JHAVERI, J.] Pravin/* Top
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Title

State vs Rashmikant

Court

High Court Of Gujarat

JudgmentDate
29 March, 2012