STATE OF GUJARAT Vs. GANBHU JATUNBEN HUSENBHAI

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. 107/1996 dated 21.07.2005, whereby, the said reference was partly allowed and the petitioner has been directed to reinstate the respondent on her original post with continuity of service and 50% back wages.

(2.) The facts in brief are that the respondent was working as a Sweeper in the petitioner-Department and had worked as such for about eight years until his services came to be terminated on 30.11.1995. Against the said action, the respondent had raised a dispute, which, ultimately, culminated into a reference before the Labour Court. The Labour Court, after considering the evidence on record, partly allowed the said reference by way of passing the impugned award. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. After appreciating the evidence on record, the Court below found that though the respondent had worked for 240 days in the preceding year, her services were terminated without issuing any Notice or giving any Notice Pay or paying retrenchment compensation. Hence, the action of the petitioner was found to be violative of the provisions of Section 25F of the I.D. Act. Therefore, the Court below was justified in granting reinstatement to the respondent. However, so far as the benefit of continuity in service is concerned, there is no finding that the provisions of Sections 25G & 25H had been violated. Therefore, the respondent cannot be granted the benefit of continuity of service for the period between the date her termination till the date of reference.