EXECUTIVE ENGINEER Vs. KAMLESH SHIVSHANKAR TRIVEDI

JUDGEMENT

(1.) By way of this petition the petitioner has challenged judgment and award of the Labour Court No.3, Rajkot passed in Reference LCR No.260 of 1994 dated 04/01/2010 whereby the respondent was directed to be reinstated with 15 % of back wages with continuity of service at his original post within a period of thirty days from the date of publication of the reference.

(2.) The facts of the case are that respondent workman was employed by the petitioner Board on 07/10/1992 on temporary basis. The service of respondent was not continued and his services were called as and when required by the Board. The respondent was relieved from the service on 26/04/1994 as there was no requirement of his services any more and respondent raised an industrial dispute which came to be decided as afore stated.

(3.) Learned Advocate for the petitioner has submitted that the services of the petitioner were temporary in nature and Labour Court has failed to give any cogent and substantial reasons while partly allowing the said reference. He, therefore, submitted that the petition may kindly be allowed by quashing and setting aside the reference impugned.