The High Court declined to interfere with the award refusing back wages for the earlier period on the ground that the appellant was seeking relief of reinstatement in the Civil Court which had numberjurisdiction to grant the same and for such lapse on the part of the appellant the respondent cannot be asked to shoulder the burden of back wages.
In the special civil application filed by the appellant under Article 226 of the Constitution in Gujarat High Court, a Division Bench of the High Court modified the award in respect of back wages by awarding back wages for the period October 26, 1976 till January 18, 1980 the date on which appellant was reinstated in service.
This period according to the respondent has to be divided in two parts 1 from December 12, 1969 to January 20, 1972 when the appellant was enrolled as an advocate, and 2 for the period January 21, 1976 to October 26, 1976 from which date he has already been awarded back wages.
The appellant seeks back wages for the period December 12, 1969 to October 26, 1976.
Appellant was dismissed from the service of the respondent on December 12, 1969.
After some litigation in the Civil Courts ultimately a reference was made to the Labour Court whether there was justification for the dismissal of the appellant from the service of the respondent.
Special leave to appeal limited to the question relating to the number payment of salary for the period the appellant was litigating in the Civil Court was granted.
