CHANSAMA TALUKA PANCHAYAT Vs. SULEMANBHAI SUJATBHAI MALEK

JUDGEMENT

(1.) Learned advocate Mr. Munshaw is appearing for the petitioner and learned advocate Mr. Pathak is appearing for the respondent workman. Inthis petition, while issuing rule, this court has granted ad interim relief against the operation of the impugned award and has issued notice as to interm relief which was made returnable on 9.12.1999. In response to the notice issued by this court, the respondent has appeared and has filed his affidavit in reply to the present petition. Today, the matter was taken up for final hearing with the consent of the parties.

(2.) In this petition, the petitioner has challenged the impugned award passed by the labour court, Kalol in reference NO. 170 of 1995 dated 7.6.1999 wherein the labour court has granted reinstatement with continuity of service and with full back wages with all consequential benefits. Brief facts leading to the filing of this petition are that the respondent was working with the petitioner as bore operator with effect from 16.11.1968 and his service was terminated videorder dated 22.2.1995 after complying with the provisions of sec.25F of the ID Act, 1947.At the time of terminating the services of the respondent workman, the petitioner has paid retrenchment compensation of Rs. 40,066.00 and one month's notice pay of Rs. 3082.00 and last month's pay of Rs. 3082.00 by demand draft dated 22.2.1995.

(3.) Said order of termination was challenged by the respondent workman before the labour court by filing aforesaid reference which came to be decided by the labour court vide impugned award as aforesaid. Feeling aggrieved by the said award, the petitioner has approached this court by way of this petition.