IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 12384 of 2002 For Approval and Signature: Hon'ble MR.JUSTICE RAVI R.TRIPATHI ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES 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 MAHESHBHAI BAKORBHAI NAI -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 12384 of 2002 Mr.Digant P. Joshi, ASSISTANT GOVERNMENT PLEADER for Petitioner No. 1 MR RE VARIAVA for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE RAVI R.TRIPATHI Date of decision: 28/01/2003 ORAL JUDGEMENT Rule. Mr.Variava, the learned advocate waives service of the rule. 2. With the consent of the learned advocates appearing for the parties, the matter is taken up for final disposal. The petition is filed challenging the judgement and award dated 12.7.2002 in Reference (LCV) No.248 of 1993 passed by the learned Judge of the Labour Court, Vadodara. Having regard to the facts and circumstances of the case it is deemed fit that the present petition be disposed of as under: (i) The award of the learned Judge is modified so far as it relates to the award of back wages. The learned Judge was pleased to award 50% of the back wages which is reduced to 25%. (ii) So far as it relates to continuity of service the same is confirmed. 3. The modified award shall be complied with within six weeks from the date of receipt of this judgement. 4. The petition is disposed of accordingly. Rule is made absolute in the aforesaid terms. No order as to costs. (Ravi R. Tripathi, J.) karim