Heard Mr. Niraj Ashar, learned Assistant Government Pleader for the petitioners. It is submitted by him that the Award dated 14.2.2007 passed by the Labour Court in Reference No.357 of 2003, wherein the petitioners State of Gujarat had been directed to reinstate respondent No.1 with 25% back wages and continuity of services, was modified by order dated 12.12.2007 of this Court passed in Special Civil Application No.19769 of 2007. It is submitted that the High Court has modified the said Award to the extent that respondent No.1 is entitled only to reinstatement with continuity of service without any back wages. In spite of this direction, the Labour Court has passed the impugned order dated 30th September, 2010 below the Recovery Application filed by respondent No.1, directing the petitioners to pay an amount of Rs.1,27,500/- as back wages within a period of 30 days. The learned Assistant Government Pleader contends that this direction is contrary to the directions contend in the order of the High Court.
Issue Rule, returnable on 28th June, 2012.
By way of ad interim relief, it is directed that the direction contained in the order dated 30.9.2010 passed by the Labour Court in Recovery Application No.13 of 2009 regarding payment of back wages shall remain stayed till the next date of hearing.
It is clarified that there shall be no stay on the reinstatement of Respondent No.1 and his continuity in service.
(Smt. Abhilasha Kumari, J.) PIYUSH Top