STATE OF GUJARAT Vs. MAHESHBHAI KESHUBHAI BADLANI

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Junagadh in Reference (LCJ) No.99/1995 dated 04.02.2004, whereby, the said reference was partly allowed and the petitioner has been directed to reinstate the respondent on his original post with continuity of service and 40% back wages.

(2.) The facts in brief are that the respondent was working as a Peon with the petitioner-State since 03.05.1991. However, on 01.09.1994, his services came to be terminated. Against the said action, the respondent raised a dispute, which, ultimately, culminated into a reference before the Labour Court, Junagadh. The Labour Court, after considering the evidence on record, partly allowed the said Reference, by passing the impugned award. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. While appreciating the evidence on record, the Labour Court found that the respondent had worked for more than 240 days in the preceding year. However, while terminating his services, the petitioner had not followed the mandatory provisions of Section 25F of the Industrial Disputes Act. It is also established from the record that the respondent was discharging his duties regularly and that he was not served with any show-cause notice or memo during his service tenure with the petitioner. After considering the entire evidence on record, the Labour Court came to the conclusion that the action of the petitioner, terminating the services of the respondent, was violative of the provisions of Section 25F of the I.D. Act and accordingly, directed the petitioner to reinstate the respondent with continuity of service.