Patel Dineshbhai Babubhai vs The Additional Chief Conservator ...
2023 Latest Caselaw 2910 Guj

      C/SCA/19132/2018                               ORDER DATED: 12/04/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 19132 of 2018

==========================================================
                    PATEL DINESHBHAI BABUBHAI
                              Versus
     THE ADDITIONAL CHIEF CONSERVATOR OF FOREST O/O FOREST
                           DEPARTMENT
==========================================================
Appearance:
MR UT MISHRA(3605) for the Petitioner(s) No. 1
MR YUVRAJ BRAHMBHATT AGP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                              Date : 12/04/2023

                               ORAL ORDER

1. The present Special Civil Application is filed praying for the following reliefs :-

"(A) That Your Lordships be pleased to issue an order, direction and/or writ in the nature of certiorari and/or any other appropriate writ, order or direction, quashing and setting aside the impugned Award dated 3-3-2018, in sofar as it denies 80% of back-wages and be pleased to direct the respondent to pay full back-wages from the date of termination till the date of Award;

(B) Pending admission and final disposal of this petition, Your Lordships be pleased to direct the respondent to immediately reinstate the petitioner and pay the wages as per the Award;

(C) Any other and such further relief as the Hon'ble Court deem fit and proper in the interest of justice;"

2. Vide order dated 29.11.2022, this Court passed the following direction :-

"5 Considering the above submissions made by learned advocates for the parties, the following directions are issued:

C/SCA/19132/2018 ORDER DATED: 12/04/2023

[a] The petitioner is directed to go and report for duty on 1.12.2022.

[b] The respondents are directed to permit the petitioner to join the duty and to assign the duty considering the fact that though the petition is of the year 2018 till date the petitioner has not been reinstated and that order is not been challenged by the State Government.

[c] In case the respondents do not allow the petitioner to join duty or causes any hindrance in performing his duties, the petitioner may file an affidavit to that effect before the next date of hearing.

[d] The respondents are directed to pay all the back wages as per the award passed by the Labour Court by the next date of hearing;"

3. The respondents have filed affidavit-in-reply dated 09.01.2023 wherein it has been stated that the direction issued vide order dated 29.11.2022 has been complied with and the petitioner has been reinstated back in service from 02.12.2022.

4. It is not disputed by the petitioner that he is in service presently and that he has already been paid 20% back-wages.

5. Learned advocate Mr. U. T. Mishra appearing on behalf of the petitioner submits that since the impugned judgment and award dated 03.03.2018 passed in Reference (T) Application No.131 of 2015 has not been challenged by the respondent and the same has been accepted, the petitioner is entitled to full wages from 04.03.2018 till the date of his reinstatement.

6. Learned AGP Mr. Yuvraj Brahmbhatt appearing for the respondent submits that the impugned award has not been challenged and therefore, the same has been implemented. He submits that the petitioner has been paid the back wages as awarded and he has also been reinstated.

C/SCA/19132/2018 ORDER DATED: 12/04/2023

7. Heard learned advocates for the respective parties.

8. In the present case, the impugned judgment and award has admittedly not been challenged and therefore, the petitioner was entitled for reinstatement within one month. In the present case, the respondents have reinstated the petitioner on 02.12.2022. Therefore, the petitioner is entitled for the back wages from 01.04.2018 till 02.12.2022 i. e. the date on which the petitioner was reinstated. The respondents are directed to pay the back wages to the petitioner from 01.04.2018 till 30.11.2022 within a period of eight weeks.

9. Learned advocate Mr. Mishra submits on instructions that in view of payment of back wages and the reinstatement, he does not press the reliefs prayed for in the present Special Civil Application.

10. With the aforesaid observations, the present Special Civil Application is disposed of. No order as to costs.

(ANIRUDDHA P. MAYEE, J.)

cmk