MANAGER FEDERATION OF COOPERATIVE STORES LIMITED Vs. RITABEN

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the impugned Award dated 26.05.1999 passed by the Presiding Officer, Labour Court, Nadiad in Reference (LCN) No. 17 of 1990 whereby the Labour Court has directed the petitioner to pay backwages from the date of retrenchment i.e. 08.08.1989 till the respondent obtained Sanad in year 1994.

(2.) According to the respondent, he was appointed by Administrator of the petitioner- Federation illegally and without following the due requirement. As the Federation was making losses, the charge of Administration was taken by the Board. The respondent was retrenched on 30.03.1989 by offering retrenchment compensation. Thereafter, the respondent filed suit before Board of Nominees and obtained ex-parte injunction against retrenchment but the same was vacated after hearing the federation. Another retrenchment order dated 08.08.1989 was passed against respondent along with other workmen by paying retrenchment compensation notice pay etc., which was refused to accept by the respondent and he preferred Reference before Labour Court being Reference ( LCN) No. 17 of 1990. The respondent herein obtained Sanad and is a practicing advocate in Nadiad since 1994. The Labour Court ultimately has passed the aforesaid order. Hence, this petition.

(3.) The Labour Court has granted only full backwages from the date of retrenchment i.e. 08.08.1989 till the respondent has obtained Sanad from the Gujarat State Bar Council in the year 1994.