K.S. Jhaveri, J.@mdashBy way of preferring petition being Special Civil Application No. 11409 of 2000 the petitioner has challenged the judgment and award dated 05/05/2000 passed in Reference (LCK) No. 494 of 1997 passed by the learned Presiding Officer, Labour Court, Kalol, N.G., whereby the Labour Court has ordered reinstatement of the respondent in service with full back wages and continuity.
2. As the respondent had tendered his resignation on 13/04/1997 as Supervisor and his resignation was accepted, he was relieved. However the same was disputed by raising a dispute that he has withdrawn the sum on 16/04/1997 which has been produced at Annexure - E.
3. Learned Advocate for the petitioner submitted that even otherwise the case of the respondent is accepted that he has attained age of superannuation as on 20/01/1998, he is not entitled for the salary after 01/02/1998. In that view of the matter, salary for seven and half months is required to be paid.
4. Keeping in mind the controversy between the parties, the ends of justice would be served, if the additional amount of Rs. 20,000/- towards compensation will be paid to the respondent, over and above the pension and retirement benefits.
5. The petition is partly allowed. The judgment and award of the Labour Court is modified to the extent that in lieu of reinstatement with continuity of service and back wages, the petitioner shall pay additional amount of Rs. 20,000/- towards compensation to the respondent over and above the pension and other retirement dues within a period of three months from the date of the receipt of the writ of this Court. Rule made absolute to the aforesaid extent.
6. So far as Special Civil Application No. 17020 of 2004 is concerned, in view of the above stated order, this petition does not survive and is disposed of accordingly.
