(1.) Rule. Mr.Mukesh Rathod, learned advocate waives service of notice of Rule on behalf of the respondent.
(2.) By way of this petition under Article 227 of the Constitution of India, the petitioner Kutch District Panchyat has prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned judgement and award dated 27/05/2008 passed by Labour Court, Bhuj (Kutch) in Reference (LCG) No.6 of 2006 (new number), by which, the Labour Court has partly allowed the said Reference directing the petitioner to reinstate the respondent on her original post without backwages but with continuity in service.
(3.) Mr.Chauhan, learned advocate for Mr.Munshaw, learned advocate appearing on behalf of the petitioner has submitted that considering the fact that appointment of the respondent was on temporary, ad-hoc basis and on fixed term and she offered work as and when work was available and considering the fact that the respondent had worked only for last three years and even the dispute was raised after a period of 13 years, the Labour Court has materially erred in directing the petitioner to reinstate the respondent even without backwages but with continuity in service. It is submitted that impugned judgement and award has been passed by the Labour Court solely on the ground that there was a breach of Section 25(F) and 25(G) of the Industrial Disputes Act. It is submitted that assuming without admitting that there was a breach of Section 25(F) and 25(G) of the Industrial Disputes Act, considering the recent decision of the Hon'ble Supreme Court rendered in the case of Senior Superintendent Telegraph (Traffic), Bhopal, Vs. Santosh Kumar Seal and others, reported in (2010) 6 SCC 773 the respondent can be compensated by way of lumpsum monetary compensation in lieu of reinstatement and with continuity in service as it is not possible to reinstate the respondent at her original post. Therefore, it is requested either to quash and set aside the impugned judgement and award or to modify the impugned judgement and award passed by the Labour Court accordingly.