VINEET KOTHARI, J. - (1.) THE learned counsel for the respondent - workmen, Mr. Kailash Joshi submitted that the controversy in hand is covered by the decision of his Court in the case of Commissiner V/s Gopal Lal and anr. - SBCWP No.1910/2003 decided on 2.11.2011. However, the learned counsel for the Municipal Counsel submitted that the writ petition is filed belatedly after 6 years.
(2.) THIS contention is opposed by the learned counsel for the respondents - workmen, Mr. Ravi Bhansali who submitted that since other similarly situated workmen have been granted the relief by this Court upon foregoing the back wages, similar relief deserves to be granted to the present workmen also. This Court in the case of Commissioner V/s Gopal Lal (supra) has held as under: "5.This prayer of the learned counsel for the respondent workman has not been seriously opposed by the learned counsel for the petitioner - Employer, Municipal Council, Bhilwara; and so also even otherwise also, this Court finds that in view of first stay petition having been rejected by a coordinate bench of this Court vide order dtd.22.07.2005, the petitioner - Employer ought to have complied with the said award of the Industrial Tribunal and ought to have reinstated the respondent - workman by now. In view of waiver of the back-wages till today by the respondent - workman, the request of the learned counsel for the respondent - workman that the award to the extent of reinstatement back into service, which the learned counsel for the petitioner does not oppose, appears to be just and reasonable. 7. Consequently, this writ petition is disposed of upholding the impugned award of the learned Industrial Tribunal, Bhilwara dated 18.11.2002 and the petitioner - Employer (Municipal Council, Bhilwara) is directed to reinstate the workman - respondent back in service forthwith, and the respondent - workman shall not be entitled to any back wages, however, the notional continuity of the service will be given to the respondent - workman. No costs." Accordingly, the present writ petition is also disposed of in same terms. No order as to costs.;