STATE OF GUJARAT Vs. BHOJABHAI DANABHAI RABARI

JUDGEMENT

(1.) By way of this petition, the petitioner-State has prayed to quash and set aside the judgment and award passed by the Labour Court, Junagadh in Reference (LCJ) No.15/1996 dated 19.08.2000, whereby, the said reference was allowed and the petitioner has been directed to reinstate the respondent on his original post with continuity of service and full back wages.

(2.) The facts in brief are that the respondent was appointed as a rojamdar Watchman by the petitioner-Department. After working as such for about eight years, the petitioner-Department terminated the services of the respondent on 07.12.1995. Against the said action, the respondent raised an industrial dispute, which, ultimately, culminated into a reference before the Court below. The said reference was allowed, whereby, the petitioner was directed to reinstate the respondent on his original post with continuity of service and full back wages, by way of passing the impugned order. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. After appreciating the evidence on record, the Court below found that the petitioner-State had not complied with the mandatory provisions of Section 25F of the I.D. Act before terminating the services of the respondent though the respondent had worked for the period from 1985 1993. Therefore, the action of the petitioner-State terminating the services of the respondent was illegal and improper and the Court below was completely justified in granting the respondent reinstatement with continuity in service.