Reinstatement
PRADEEP KUMAR SHARMA
(Querist) 12 August 2012
This query is : Resolved
SCA/12133/2008 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 12133 of 2008
CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
Date : 17/10/2008
ORAL ORDER
The discretion under Section 11(A) is exercised
without substituting the penalty which was awarded
after detailed inquiry, wherein, the workman was
found guilty. The award impugned, therefore, is
required to be examined from that angle. Hence,
Rule.
Mr. N.J. Shah, learned counsel for Mr. Soni for
the petitioner submitted that the petitioner has
already reinstated the respondent workman without
prejudice to their rights and contention to challenge
the award. In view of this, by way of interim relief,
the order of reinstatement is not stayed as the
workman has been reinstated without prejudice to the
rights and contentions of the petition and the order
regarding back wages is therefore required to be
stayed and accordingly, it is stayed till final
disposal of the matter.
SPECIAL CIVIL APPLICATION/12133/2008 06/08/2012 11:50:34 AM
SCA/12133/2008 2/2 ORDER
pallav (S.R.BRAHMBHAT
My query is that the stay is only for back wages or order given by the labour court .
Pradeep Sharma
Guest
(Expert) 12 August 2012
Stayed for back wages only.
