V. Khalid, J. - (1.) Special leave to appeal limited to the question relating to the non-payment of salary for the period the appellant was litigating in the Civil Court was granted.
(2.) 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.
(3.) The Labour Court by its award dated September 6, 1979 directed that the appellant be reinstated in service but declined to grant 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. 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 no jurisdiction 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.;