PORT OFFICER Vs. NAVINCHANDRA AMRUTLAL RATHOD

JUDGEMENT

(1.) Rule. Mr. Mukesh Rathod, learned counsel waives service of rule on behalf of the respondent. With the consent of the parties, the matter is taken up for hearing today.

(2.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 16.02.2010 passed by the learned Presiding Officer, Labour Court, Kachchh at Bhuj in Reference (L.C.B.) Case No. 38 of 2003 whereby the Labour Court has allowed the Reference and directed the petitioner to reinstate the respondent-workman on his original post from the date of his retrenchment with continuity of service along with 25% back wages.

(3.) The short facts of the case are that the respondent-workman was working as Labourer with the Gujarat Maritime Board, Mandvi since 1981. He was paid daily wage of Rs. 39.40 ps. As and when there was work he was called for work. Later on as there was no work, the petitioner retrenched the respondent workman from service w.e.f. 10.04.1994. Pursuant to the removal from service by the petitioner, the respondent workman raised an industrial dispute, which was referred to the Labour Court, for adjudication, being Reference (L.C.B.) Case No. 38 of 2003. Before the Labour Court, both the parties adduced the evidence and after appreciating the material produced before it, the Labour Court allowed the Reference and passed the impugned award as aforesaid. Hence, this petition.