CHIEF OFFICER Vs. RAMESHBHAI GORDHANBHAI BAROT

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, Ahmedabad in Reference (LCA) No.1812/1992 dated 05.06.1999, whereby, the said reference was allowed and the petitioner has been directed to reinstate the respondent on his original post with continuity of service and full back wages.

(2.) The facts in brief are that respondent no.1 herein was appointed as a daily wage Peon by the petitioner-Municipality on 19.07.1986. On the ground that his services were orally terminated by the petitioner w.e.f. 03.08.1990 without following due procedure, respondent no.1 raised an industrial dispute, which, ultimately, culminated into a reference before the Labour Court. The Labour Court, after considering the evidence on record, allowed the Reference by way of the impugned award. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. It appears that the impugned award came to be passed ex-parte. Even otherwise, the Labour Court has no jurisdiction to direct reinstatement as the post in question was not sanctioned by the State Government and also since the appointment of respondent no.1 was not done, after following the due selection process.