STATE OF GUJARAT Vs. AGRAJI RAMSANGJI TAKORE

JUDGEMENT

(1.) This petition is directed against the judgement and award dated 2nd July 2002 passed by learned Presiding Officer, Labour Court, Kalol in Reference (LCK) No.307 of 1995 whereby the Labour Court directed the petitioner to reinstate the respondent on his original place and to pay salary on the basis of average days worked by the respondent.

(2.) According to the respondent workman he was serving with the petitioner as a daily rated Chowkidhar in the year 1984 and he has worked upto August 1993 and thereafter his services were terminated without paying retrenchment notice or compensation. He therefore raised a dispute wich was numbered as Reference (LCK) Case No.307 of 1995 wherein the aforesaid award came to be filed.

(3.) Heard the learned Advocates for the respective parties and perused the relevant documents on record. As a result of this exercise it is evident that the respondent was serving as daily rated Chowkidhar and the petitioner was directed to reinstate only as a daily rated worker and not a regular employee. Further the Court has awarded payment only 25% of the average days he worked. The said amount would be only a nominal payment and I am of the view that the said order can be treated as a compensation and no interference is required to be caused. Accordingly it is directed that the average payment of 25% shall be treated as compensation. The award is modified accordingly. Rule is made absolute to the aforesaid extent with no order as to costs.