RANGE FOREST OFFICER Vs. BHAGVANBHAI GANGADASBHAI BARVAD

JUDGEMENT

(1.) By way of present petition, the petitioner has prayed to quash and set aside the impugned award dated 30.05.2006 passed by the learned Presiding Officer, Labour Court, Ahmedabad in Reference (L.C.A.) No. 1209 of 1995 whereby the petitioner was directed to reinstate the respondent on his original post with continuity of service with 20% backwages.

(2.) According to the respondent, he was working as Watchmen with the petitioner since last five years and he was being paid Rs. 150/- per month. His service was terminated by an oral order dated 31.10.1994. The respondent raised an industrial dispute and the same was referred to the Labour Court, Ahmedabad being Reference (L.C.A.) No. 1209 of 1995. The Labour Court, Ahmedabad after adjudicating the matter passed the award as stated hereinabove. Hence, this petition.

(3.) Heard the learned advocates for the respective parties. The respondents-workmen have already been reinstated in pursuance of the order of this Court. Therefore, the only question remains to be considered is with regard to backwages. It is now well settled that when the workman has not worked during the period in question, it would not be in the interest of justice to grant backwages. Therefore, having considered the matter, I am of the view that interest of justice would be met by upholding the reinstatement with continuity of service without backwages.