IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 9591 of 2002 For Approval and Signature: HON'BLE MR.JUSTICE K.S.JHAVERI ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- STATE OF GUJARAT Versus HARESH VADILAL PATEL -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 9591 of 2002 MR KP RAVAL, AGP for Petitioner No. 1 MR MR PRAJAPATI for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.S.JHAVERI Date of decision: 13/08/2004 ORAL JUDGEMENT 1. Mr.K.P.Raval, learned AGP, on instruction from Mr.V.B.Patel, Deputy Executive Engineer, R & B, Kalol, District Gandhinagar, states that the respondent workman will be reinstated in service without back wages from 1.9.2004 on condition that the respondent workman shall forgive his back wages in lieu of his reinstatement. 2. In this view of the matter, the order of the Labour Court is substituted by issuing a direction that the respondent workman will be reinstated with effect from 1.9.2004 with continuity of service. It is clarified that the said reinstatement will be without back wages. 3. Subject to the what is stated above, this petition is allowed. Rule is made absolute to the aforesaid extent with no order as to costs. (K.S.Jhaveri,J) (pathan)