STATE OF GUJART Vs. SHANTILAL SOGABHAI VASAVA

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner-Executive Engineer has prayed for an appropriate writ, order or direction quashing and 1setting aside the impugned judgement and award dated 24/02/2000 passed by the Labour Court, Bharuch in Reference L.C.B. No. 861/1990 by which the Labour Court, Bharuch has directed the petitioner to reinstate the respondent to his original post with 30% back wages.

(2.) Though served, nobody appears on behalf of the respondent-workman.

(3.) It appears from the impugned judgement and award that the Labour Court, Bharuch declared the award directing the petitioner to reinstate the respondent mainly on the ground that the respondent-workman has worked for more than 240 days and that there is breach of Section 25(F) of the Industrial Disputes Act. However, it appears from Annexure 'B' page 13 that before terminating the service of the respondent as a daily wager, the respondent-workman was given one month notice in writing as required under Clause (c) of the Industrial Disputes Act. Under the circumstances, it cannot be said that there was breach of Section 25(F) of the Industrial Disputes Act. It is to be noted that the respondent-workman was appointed as a daily wager and he has no lien on the post. Under the aforesaid facts and circumstances of the case, more particularly, when before terminating the service of the respondent, there was compliance of Clause (c) of Section 25F of the Industrial Disputes Act, it appears that the Labour Court has committed an error and illegality in allowing the said reference directing the petitioner to reinstate the respondent with 30% back wages.