RAJULA NAGARPALIKA Vs. PANKAJKUMAR PRATAPRAI CHAUHAN AND ANR.

JUDGEMENT

(1.) BY this appeal the Appellant challenges the order passed in Special Civil Appeal No. 9384 of 2010 on 12.08.2010 whereby the petition came to be dismissed.

(2.) THE aforesaid petition was preferred against the award of Industrial Tribunal, Bhavnagar in Complaint I.T. No. 14 of 2002 whereby the Industrial Tribunal vide order dated 19.04.2010 directed the Petitioner to reinstate the Respondent workman in service along with continuity of service.

(3.) MATTER was remanded to the Tribunal and reply was filed at Exh.26 contending that Industrial Disputes Act is not applicable to the Appellant - institution. A contention was also raised that workman was daily wager and was taken on work as and when necessary and that he was not regularly appointed workman and, therefore, by virtue of the order passed by this Court his services were terminated along with several other employees who were not appointed regularly. The Tribunal found that services of the workman were terminated during the pendency of the complaint under Section 33A and ultimately ordered reinstatement of the workman without any back wages or any other rights. This award was rendered on 19.04.2010 which was subject matter of challenge in the petition.