STATE OF GUJARAT Vs. MOHANBHAI SHIVABHAI NAIK

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner-Deputy Conservator of Forests has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgement and award dated 18/11/1988 passed by the Labour Court, Nadiad in Reference (L.C.B) No. 172/1984 by which the Labour Court, Nadiad has allowed the said Reference by directing the petitioner to reinstate the respondent-workman with 50% back wages with effect from 16/04/1984 with continuity of service.

(2.) Having heard Ms. Bhatt, learned AGP appearing on behalf of the petitioner and Shri Dhaval Barot, learned advocate appearing on behalf of the respondent and considering the impugned judgement and award it is not in dispute that as such the respondent was serving as a daily wager-watchman. Nothing is on record to show that before the appointment of the respondent any procedure was followed. It is not on record that on which date the petitioner was appointed as a daily wager-watchman. It appears that the learned Labour Court, Nadiad has allowed the said Reference and directed the petitioner to reinstate the respondent solely on the ground that the termination of the respondent was in breach of Section 25(F) of the Industrial Disputes Act.

(3.) In view of the above ad considering the resent decision of the Hon'ble Supreme Court in the case SENIOR SUPERINTENDENT TELEGRAPH (TRAFFIC), BHOPAL Vs. SANTOSH KUMAR SEAL AND ORS reported in (2010) 6 SCC 773 the impugned judgement and award directing the petitioner to reinstate the respondent to his original post with 50% back wages and with continuity of service and all other benefits deserves to be quashed and set aside in lieu of reinstatement, the petitioner is to be directed to pay monetary compensation in lieu of the relief of reinstatement and back wages as directed by the Labour Court.