ORDER : M.R SHAH, J. 1. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties and as the issue involved in the Appeal is in a very narrow compass, main Letters Patent Appeal itself is taken up for final hearing today. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge in Special Civil Application No. 9900/2014 by which the learned Single Judge has partly allowed the said petition preferred by the appellant herein - original petitioner and reduced the back wages from 30% to 40%, however has confirmed the order of reinstatement, appellant herein-original petitioner - Deputy Executive Engineer has preferred the present Letters Patent Appeal. 3. It is the case on behalf of the appellant herein-original petitioner that though it was the specific case on behalf of the appellant herein - original petitioner before the learned Single Judge that as the respondent - workman was working as a seasonal worker and the Department in which he was working is closed there was no question of any order of reinstatement, the learned Single Judge has not dealt with and/or considered the same at all. 4. It is also the case on behalf of the appellant-original petitioner that the learned Single Judge has not considered the submission on behalf of the appellant herein-original petitioner that the respondent workman was engaged only for temporary period upto 11/01/1999 on specific project and upon completion of such work he on his own stopped coming to work from 11/09/1999. Learned advocate appearing on behalf of the respondent is not in a position to dispute the above. 5. Under the circumstances, we are of the opinion that the impugned order be quashed and set aside and the matter be remanded to the learned Single Judge to decide the petition afresh and consider the submissions on behalf of the appellant herein-original petitioner that as the specific project in which the respondent was working is closed the order of reinstatement could not have been passed, and therefore, he do not propose to any further reasoned order on the aforesaid as the petition is being remanded to the learned Single Judge. 6. In view of the above and for the reasons stated hereinabove, the present Appeal succeeds in part. 6. In view of the above and for the reasons stated hereinabove, the present Appeal succeeds in part. The impugned order passed by the learned Single Judge in Special Civil Application No. 9900/2014 is hereby quashed and set aside and the matter is remanded to the learned Single Judge to decide the petition afresh in accordance with law and on its own merits and after considering the submissions on behalf of the appellant - original petitioner recorded hereinabove. The present Appeal is partly allowed to the aforesaid extent. No order as to costs. CIVIL APPLICATION NO. 4276/2017 & 7696/2016 7. In view of disposal of the Letters Patent Appeal, Civil Application No. 4276/2017 as well as Civil Application No. 7696/2016 stand disposed of.