1. Heard Mr. Sanchela, learned advocate for the petitioner.
2. At the outset learned advocate for the petitioner has, on instruction from his client, submitted that the petitioner has no objection against the direction requiring the petitioner to reinstate the respondent and the petitioner is ready and willing to reinstate the respondent, however the petitioner's grievance is against the direction asking the petitioner to pay 50% backwages.
3. In view of the said stipulation and declaration by the learned advocate for the petitioner the challenge in the petition is restricted to the direction asking the petitioner to pay 50% backwages.
4. In view of the above mentioned stipulation and declaration by the learned advocate for the petitioner, the petitioner is directed to issue communication to the respondent, on or before 27.2.2012 asking respondent to report for duty while intimating him that he has been reinstated in pursuance and in compliance of the award dated 17.11.2011 passed by the labour Court, Surendranagar in Reference (LCS) No.38 of 2004. The said intimation shall also contain the instruction about the name of the officer to whom the respondent should report and the date and time when the respondent should report for and resume his duty. Such intimation shall be forwarded to the respondent by Registered Post, AD.
5. Having regard to the submission made by the learned advocate appearing for the petitioner against the direction requiring the petitioner to pay 50% backwages and upon considering the award passed by the labour Court, Surendranagar, it appears appropriate to issue Notice to the respondent so far as the direction to pay 50% backwages is concerned. Therefore, while entertaining the petition to the said limited extent the office is directed to issue Notice returnable on 26.3.2012. In the meanwhile the direction to pay backwages shall remain stayed until the next date of hearing.
6. It is clarified that the petition is entertained only qua the direction requiring the petitioner to pay 50% backwages.
(K.M.THAKER,J.) Suresh* Top