DEL ENGINEERS Vs. PUNALI BALDEVBHAI RANCHHODBHAI

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Surendranagar in Reference (LCS) No.629/1989 dated 18.05.2000.

(2.) The facts in brief are that the respondent was selected for the post of Trainee-Draftsman by the petitioner. On the ground of non-performance and non-availability of work, his services came to be terminated on 20.05.1986. Against the said order, the respondent raised a dispute, which, ultimately, culminated into a reference before the Labour Court. The Court below, after considering the evidence on record, partly allowed the reference by directing the petitioner to reinstate the respondent with 35% back wages. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. After appreciating the evidence on record, the Labour Court came to the conclusion that the order of termination passed by the petitioner was a stigmatic order. It transpires from the record that the respondent was terminated without following due process of law inasmuch as no departmental inquiry was conducted. Hence, the Court below was completely justified in granting reinstatement to the respondent.