SCA/995/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 995 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= STATE OF GUJARAT - Petitioner(s) Versus CHAUHAN JORUBHA HARISINH - Respondent(s) ========================================================= Appearance : MR KD PANDYA, ASST. GOVERNMENT PLEADER for Petitioner(s) : 1, MR TR MISHRA for Respondent(s) : 1, MR UT MISHRA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 08/07/2008 ORAL JUDGMENT By this petition, the petitioner State of Gujarat has challenged an award dated 1.8.2007 passed by the labour court, Jamnagar in reference (LCJ) No.1605 of 1990. SCA/995/2008 2/4 JUDGMENT Mr. Pandya, learned AGP and Mr. Mishra, learned advocate, for the petitioner and respondent respectively submit that the dispute in the petition has been amicably resolved during the pendency of this petition. Earlier an order dated 28.4.2008 was passed, which reads thus, “Learned AGP Ms. Pandey appearing on behalf of petitioner – State Authority, on instructions from Mr. Leuva, Superintendent of Fisheries who is personally remained present before this Court today, submitted that petitioner has decided to reinstate the respondent workman in service and accordingly, petitioner will issue reinstatement order in favour of respondent within some reasonable time. Learned advocate Mr. Mishra appearing on behalf of respondent is also agreed with and submitted that as and when reinstatement order will receive by respondent workman from the petitioner, respondent workman will immediately report for duty with the petitioner. SCA/995/2008 3/4 JUDGMENT Therefore, matter is adjourned to 15th May 2008.” Mr. Mishra submits that thereafter the petitioner has passed an order dated 19.6.2008 whereby, the respondent has been reinstated by the petitioner. Mr. Mishra further submits that the respondent does not claim and waives his right for backwages and also the claim and right for continuity of service as well as any other benefits flowing from the impugned award and the respondent is satisfied with his fresh appointment by virtue of the order dated 19.6.2008. In view of the said statement of Mr. Mishra that the respondent is not claiming backwages and/or continuity of service and/or any other benefits towards his past service as may be flowing from the award or available otherwise, learned AGP states that nothing further is required to be contested in the petition, particularly, since the petitioner has already passed an order dated 19.6.2008. In this view of the matter, the present petition SCA/995/2008 4/4 JUDGMENT is disposed of. The award in question shall be, in view of the statement made by Mr. Mishra on behalf of the respondent, deemed as satisfied and honoured. Notice discharged. No order as to costs. The copy of the order dated 19.6.2008 passed by the petitioner is to be retained in the matter. [K.M.Thaker, J.] kdc