TALUKA DEVELOPMENT OFFICER Vs. VELAJI LAVJI THAKOR

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 05.03.2003 passed by the Labour Court, Kalol in Reference [LCK] No. 306/1990, whereby the Labour Court has directed the petitioner to reinstate the respondent in service with 35% back wages.

(2.) The short facts of the case are that the respondent at the relevant time was appointed purely on temporary basis and he continued to work as temporary part time Kotwal. The services of the respondent came to an end w.e.f. 01.01.1988. Being aggrieved by the said order, the respondent raised a dispute which was ultimately referred to the Labour Court for adjudication being Reference [LCK] No.306/1990. Before the Labour Court, both the parties adduced evidence and after appreciating the material produced before it, the Labour Court allowed the reference with the aforesaid directions. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The learned counsel for the petitioner submitted that the respondent had attained the age of superannuation and therefore there is no question of reinstatement. However, the Labour Court while granting reinstatement had observed that the petitioner had not followed the due process of law before terminating the services of the respondent. Therefore, I am of the view that the Labour Court has rightly passed the award qua reinstatement.