Jayant Patel, J. - (1.) Oral - The present petition is directed against judgment and award dated 30th September, 2004 passed by the Labour Court in Recovery Application No. 11 of 1999, whereby the Labour Court has directed for issuance of recovery certificate of Rs. 1,34,728/-.
(2.) The short facts appear to be that the respondent was working as Head Cashier with the petitioner bank. His services came to be terminated on October 20, 1986. It appears that thereafter, the dispute was raised and the said dispute was referred to the Labour Court for adjudication and there were subsequent litigation. On 25.6.1997, there was direction in the award to reinstate the respondent workman to his original position. The respondent was reinstated in service. However, the grievance on the part of the respondent was that he was working as Head Cashier at the time of termination and therefore, he was required to be reinstated as Head Cashier, whereas, he was actually reinstated as Cashier. The respondent also contended that as the reinstatement with continuity in service was also required to be given, which has not been given. Under the circumstances, for the difference of salary by way of continuity in service as well as for additional special allowance available to the Head Cashier, recovery application was preferred before the Labour Court being Recovery Application No. 11 of 1999. The Labour Court ultimately passed the order for issuance of the recovery certificate of Rs. 1,34,728/-. Under the circumstances, the present petition before this Court.
(3.) I have heard Mr. Parikh, learned counsel appearing for the petitioner and Mr. Rathod, learned counsel appearing for respondent No. 2.;