DISTRICT PANCHAYAT SURENDRANAGAR Vs. DHANIBEN LABHUBHAI

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the award dated 13.2.2004 of the Labour Court, Surendranagar in Reference (LCS) No.7 of 1999 whereby the Labour Court has granted reinstatement with 25% backwages.

(2.) The respondent filed the reference before the Labour Court stating that she is working as daily wager since last 13 years and she has been terminated without following the procedure prescribed under Section 25(F) of the Industrial Disputes Act. The case of the petitioners is that the respondent has never worked for 240 days in a year and, therefore, the provisions of Industrial Disputes Act are not applicable. Still the Labour Court has directed reinstatement with 25% backwages. Hence, this petition.

(3.) This Court, while admitting the petition on 10.8.2004 has stayed only backwages and directed that the respondent be reinstated in service within a period of two weeks. In that view of the matter, the only question now left out for consideration is payment of 25% backwages.