Balwantbhai Madhubhai Mistri vs Sarpanch

Ravi R. Tripathi, J.—Rule. Mr. D.N. Trivedi, learned advocate waives service of the rule on behalf of the respondent-Panchayat. With the

consent of the parties, the matter is taken up for final disposal.

The contents of the documents, namely, the written statement dated 20.3.2001, Annexure ''A'', page 7; the Resolution of the General Body of

Tarsadi Gram Panchayat dated 14.7.2001, Annexure ''B'', page 9, are taken into consideration. In view of the fact that the learned Judge of the

Labour Court, Surat, in its award dated 20.3.2001, has not given any reasons as to why only 25% of back wages are awarded to the petitioner

workman, when it is clear that the order dated 3.5.1999 was passed on account of political reasons by the In Charge Sarpanch, in absence of

regular Sarpanch, and the Labour Court has recorded a finding in the award that the order dated 3.5.1999 was illegal, unreasonable, there was no

reason for the learned Judge to award only 25% of the subject : back wages.

However, taking into consideration the fact that the amount is to be paid by a local authority-the Panchayat, it is deemed fit that instead of

awarding 100 % of the back wages, interest of justice will be served if 80 % of back wages is awarded.

The petition is allowed. The petitioner be paid 80% of back wages. The impugned award 20.3.2001, Annexure ''C'' to the petition is modified

to that extent. Rule is made absolutely accordingly. No order as to costs.