JUDGMENT :

Biren Vaishnav, J.

1. Rule returnable forthwith. Learned advocates appearing for the respective respondents, waives service of rule. With the consent of the learned advocates, taken up for final hearing today.

2. The case of the petitioner is that the petitioner is working since 30.06.1988 as a 'Rojamdar' helper under the Deputy Executive Engineer, Surendranagar. The services of the petitioner after four years were terminated with effect from 01.07.1992. On being terminated the petitioner approached the Labour Court by filing a Reference (LCF) No.97 of 1995. The reference was allowed on 03.04.2006, by which, the Labour Court directed reinstatement without backwages. Both, the employer as well as the workman, approached this Court by filing respective special civil applications, the employer aggrieved by the order of reinstatement and the employee aggrieved by the order of denial of backwages.

Both these petitions were dismissed by a common order dated 12.01.2016. On reinstatement, the petitioner by an order dated 05.06.2017 was given the benefit of the Resolution dated 17.10.1988 as per the 5th Pay Commission.

3. Ms.Reena Kamani, learned advocate appearing for the petitioner