[6.3] Shri Shah, learned counsel has further submitted that a bare look at the order passed by the learned Single Judge clearly established that a detailed order is passed while exercising due discretion vested in law. Hence, Letters Patent Appeal, being meritless, deserves to be dismissed. So far as the back wages part is concerned, a very balanced order has been passed, according to Mr. Shah, learned counsel, the normal rule is that whenever an action found to be bad in law while reinstating the employee, the order of back wages would be a routine consequence and here instead of awarding 100% back wages, a mere 25% back wages has been awarded by striking balance between both the parties. When such sound discretion has been exercised by the learned Presiding Officer as well as appreciated by the learned Single Judge, there is hardly any case made out by the appellant. Accordingly, the present Letters Patent Appeal deserves to be dismissed. Additionally, according to Mr. Shah, learned counsel, the judgments which have been tried to be pressed into service are judgments that do not have identical facts. Resultantly, the same cannot be stretched to this peculiar background of fact.
