GSRTC Vs. ABU NURMAHAMAD LAKHANI AND ORS

JUDGEMENT

(1.) THE appellant Gujarat State Road Transport Corporation the original defendant has preferredthis second appeal under section 100 of Code of Civil Procedure, challenging the judgment and decree dated 15th April, 2000 passed by learned 3rd Extra Assistant Judge, Junagadh, in Regular Civil Appeal No. 10 of 1989.

(2.) THE original plaintiff -respondent herein working under the Corporation who came to be dismissed pursuant to departmental inquiry, instituted regular civil suit No. 451 of 1983 before the Court of 3rd Joint Civil Judge (S.D.), Junagadh, for declaration and permanent injunction that the departmental inquiry and dismissed order were illegal. The suit came to be decreed and the Trial Court directed his reinstatement in service without back wages. Being aggrieved to the extent that back wages were denied he preferred appeal. The lower appellate court allowed the appeal and by the impinged judgment and decree, directed the Corporation to pay the back wages to the plaintiff from the date of his dismissal till reinstatement. present appeal.

(3.) THE appeal came to be admitted on the following substantial questions of law.