STATE OF GUJARAT Vs. RAGHUVIR VAJSUR DHANDHAL

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 17.07.2001 passed by the Labour Court, Rajkot in Reference [LCR] No. 160 of 1991, whereby the Labour Court has directed the petitioner to reinstate the respondent with continuity of service and full back wages.

(2.) The short facts of the case are that the respondent at the relevant time was working as part time rojamdar dresser with the petitioner. As regular employees were appointed by the petitioner on the vacant posts, the service of the respondent came to an end. Being aggrieved by the same, the respondent raised a dispute, which was ultimately referred to the Labour Court for adjudication being Reference [LCR] No. 160 of 1991. Before the Labour Court both the parties adduced evidence and after appreciating the material produced before it, the Labour Court allowed the reference with the aforesaid directions. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. It appears that the respondent had continuously worked for the period 01.07.1989 to 09.07.1990. It is, therefore, established that before the servie of respondent came to an end, he had worked continuously. The petitioner had failed to establish that the respondent had not worked for more than 240 days in a year. There is also a clear finding, that there is violation of provisions of Section 25(F) of the I.D. Act. Learned counsel for the petitioner is unable to point out anything contrary to the said findings of the Labour Court. Therefore, I am of the view that the Labour Court has rightly passed the award of reinstatement with continuity of service.