WANKANER MUNICIPALITY Vs. NATHALAL AMARSHI

JUDGEMENT

(1.) By way of this petition, the petitioner-Municipality has prayed to quash and set aside the judgment and award passed by the Labour Court, Rajkot in Reference (LCR) No.292/1993 dated 28.03.2001, whereby, the reference was partly allowed and the petitioner has been directed to pay 40% back wages for the period from the date of his termination to the date of his attaining the age of superannuation.

(2.) The facts in brief are that the respondent was serving as a daily wage labourer with the petitioner-Municipality. It is the case of the petitioner that the respondent voluntarily abandoned the duties with effect from 13.01.1993 and in spite of that he raised a dispute, which, ultimately, culminated into a reference before the Court below. During the pendency of the said reference, the respondent attained the age of superannuation. Therefore, the Court below, while holding the action of termination of the petitioner to be bad in law, directed the petitioner to pay the respondent 40% back wages for the period from the date of his termination to the date of his attaining the age of superannuation. Being aggrieved by the said award, the petitioner has preferred the present petition.

(3.) Heard learned counsel for the petitioner and perused the documents on record.