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2024 Supreme(Guj) 638

BIREN VAISHNAV, PRANAV TRIVEDI
Range Forest Officer – Appellant
Versus
Babubhai Mangalbhai Thakor – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjay Udhwani, AGP.

Table of Content
1. filing of appeal against a compensatory order (Para 1 , 2 , 3 , 4)
2. arguments on delay in petition (Para 6)
3. analysis of reinstatement versus compensation (Para 7)
4. final judgment and dismissal of appeal (Para 8 , 9 , 10)

ORDER :

(Pranav Trivedi, J.)

1. The present Letters Patent Appeal under Clause 15 of the Letters Patent is filed by the appellant – original respondent No.1 assailing the correctness of the judgment and order dated 16.03.2023 passed by the learned Single Judge in Special Civil Application No.7321 of 2009.

2. The prayers made in the writ petition before the learned Single Judge was to given directions declaring the decision of the Labour Court in awarding Rs.30,000/- as lumpsum compensation instead of granted the relief of reinstatement as arbitrary and illegal.

3. Learned Single Judge after considering the submissions made by both the parties, partly allowed the writ petition and modified the award to the extent of granting lumpsum compensation of Rs.5,00,000/- instead of Rs.30,000/-. The State Government, being aggrieved by such order, has preferred the present Letters Patent Appeal.

4. The factual matrix which has led to the filing of the present

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