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Gujarat High Court

Maheshkumar Amarsinh Jhala vs Swaminarayan Prathmik School on 30 January, 2020

Author: Biren Vaishnav

Bench: Biren Vaishnav

           C/SCA/2627/2020                                ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 2627 of 2020
==========================================================
               MAHESHKUMAR AMARSINH JHALA
                            Versus
              SWAMINARAYAN PRATHMIK SCHOOL
==========================================================
Appearance:
MR RAJESHKUMAR M VAGHELA(10099) for the Petitioner(s) No. 1
SUDHANSHU A JHA(8345) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3,4
==========================================================

 CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV

                             Date : 30/01/2020

                              ORAL ORDER

It is the case of the petitioner that the order of the Tribunal denying backwages to the petitioner for the period from his dismissal to reinstatement is an order which is not in accordance with law. The petitioner was dismissed from service on conviction. Subsequently, the conviction was set aside as a result of which the petitioner was reinstated in service. The Tribunal though interfered with the order of dismissal, did not grant him the benefits of backwages on the principle of 'No Work No Pay'. Mr. Sudhanshu Jha, learned advocate for the petitioner has placed reliance on a decision of this Court in the case of Union of India vs. Hasmukhbhai P. Raijada [2004(2) GLH 437].

Issue notice returnable on 29.04.2020.

(BIREN VAISHNAV, J) DIVYA Page 1 of 1 Downloaded on : Sat Feb 01 00:09:59 IST 2020